Shelby attorneys say witness saw Crutcher firing gun day before he was killed
Attorneys for Betty Shelby filed a motion Friday for immediate injunctive relief directing Tulsa police to hold a Glock for use in Shelby’s defense.
Shelby is the Tulsa police officer accused in the shooting death of Terence Crutcher, an unarmed black man, in Tulsa last month. She faces a first degree manslaughter charge.
SEE MORE: Newly released audio reveals new details in Crutcher shooting
Shelby’s attorneys claim they received a call from a man saying he saw Crutcher firing a gun up and down East 52nd Street on September 15.
The motion goes on to state that other 911 calls were made regarding shots being fired into the air.
Though police were called out, they did not take an official police report, because they say no crime happened. No one was arrested.
SEE MORE: Betty Shelby pleads not guilty to manslaughter in Terence Crutcher shooting
While they were out there, the motion claims they found a gun on the ground near an address of 1531 East 52nd Street North. We went out there and did not find that address. Police recovered the gun. They said it came back stolen and the owner of the gun was allowed to pick it up.
FOX23 investigated the address, and were unable to find it anywhere in the area.
Shelby's attorneys want the gun to be recovered to be tested for possible DNA and fingerprints to use in her defense.
The Crutcher family attorney, Damario Solomon-Simmons, released this statement in response:
“It is sad, but not surprising, that Officer Shelby’s counsel continues to promote irrelevant information in an attempt to distract from
undisputed facts that Office Shelby shot and killed Terence Crutcher without provocation or justification.
The undisputed facts are as follows:
Fact #1. Nothing that occurred on or before September 16, 2016, at 7:15 p.m. is relevant to the unjustified and unprovoked shooting and killing of Terence Crutcher.
Fact #2. The video shows that Terence Crutcher was unarmed when he was shot and killed by Officer Shelby.
Fact #3. Terence Crutcher
did not have a weapon in the car when he was shot and killed by Officer Shelby.
Fact #4. The video shows that Terence Crutcher had his hands up when he was shot and killed by Officer Shelby.
Fact #5. The video shows that Terence Crutcher did not make any sudden movements towards the officers when he was shot and killed by Officer Shelby.
Fact #6. Terence Crutcher
was not a suspect for any crime when he was shot and killed by Officer Shelby.
Fact #7. Terence Crutcher
was not known to be breaking any laws when he was shot and killed by Officer Shelby.
Fact #8. The video shows that Terence Crutcher
was notbeing belligerent when he was shot and killed by Officer Shelby.
Fact #9. The video shows that out of the four (4) officers on the scene, only Officer Shelby had her gun out.
Fact #10. The video shows that out of the four (4) officers on the scene, only Officer Shelby shot Terence Crutcher.
In closing, we are optimistic that District Attorney Steve Kunzweiler will rely on the actual facts of this case to secure a guilty verdict and appropriate prison sentence for the tragic killing of Terence Crutcher.”