Nowata DA Clears OHP Trooper Who Shot Man 9 Times
Friday, August 8th 2014, 1:17 PM CDT
The results of an internal investigation into the shooting were released a short time later.
According to documents, Oklahoma Highway Patrol Trooper Jerrod Martin, 28, shot 35-year-old Joshua Stand multiple times on June 16 because he believed Stand was about to attack him with the knife. OHP placed the trooper on paid administrative leave until an investigation was complete. OHP confirmed on Friday that Martin has been released from routine suspension and returned to active duty.
"Following an internal review conducted by the OHP and in cooperation with the 11th Judicial District Attorney's Office in Nowata County, Trooper Martin has been cleared to return to work," OHP spokesperson Capt. George Brown said.
The autopsy report states Stand's body had nine gunshot wounds and tested positive for methamphetamine and amphetamine.
Multiple gunshot wounds were found on the torso, according to the report.
- Gunshot entrance wound to the right lateral shoulder that passed through the right lung.
- Gunshot entrance wound to the left back and through the ribs and left lung; exit wound of the left lateral back.
- Gunshot entrance wound of the lower back; exit wound of the left lateral back.
- Gunshot entrance wound of the left upper chest, with projectile that passed through heart and left lung; exit wound of the left chest.
- Gunshot entrance wound of the neck, classified as a “graze wound of right neck.”
- Gunshot entrance wound of left buttock; exit wound of left hip.
- Gunshot entrance wound of right anterior forearm; exit wound of right medial forearm.
- Gunshot entrance wound to left medial forearm; exit wound of left lateral forearm.
- Gunshot entrance wound of left distal third finger.
The cause of death is multiple gunshot wounds; the manner of death is ruled a homicide, the report says. The Nowata County District Attorney's report says the homicide was justified.
According to the DA's report, Martin came across Stand, a pedestrian, about 9:15 a.m. on June 16 on U.S. Highway 169. The report says Martin knew Stand had contact with the Nowata County Sheriff's Office the previous weekend over reports he had been acting erratically and frightening some citizens of Delaware. Deputies who responded to that incident attempted to take Stand into custody for an emergency detention for apparent mental issues, but Stand evaded authorities, the report says.
When coming across Stand on Monday, Martin said he called dispatch to find out if Stand had any outstanding warrants stemming from the weekend, and since he didn't, the trooper continued to travel down the highway.
Within minutes, the report says, dispatch called back Martin to tell him multiple reports had come in about a man walking down U.S. 169 with a knife in his hand and causing traffic to go around him.
Martin turned around, activated his lights and sounded his horn to gain Stand's attention. He exited his patrol car and ordered Stand to stop and drop the knife, the report says. The dash cam reportedly shows Stand continue to walk and hold the knife. After both men walked for a short distance on Road 16.5, Stand got back on the road, crossed it and began running from Martin, according to the document.
The DA's office says the trooper's body microphone captured audio for a while, but as the duo moved away from the patrol car it became inaudible.
According to the report, Stand ran into a yard where a woman was standing, and Martin repeatedly yelled at the woman to go inside because he felt Stand could harm her. The report says that with the woman as witness, Stand turned to face Martin with a knife in his hand.
“The discourse between Trooper Martin and Joshua Stand continued throughout the encounter with Trooper Martin telling Joshua Stand to drop his knife and stop running or walking and Joshua Stand continuing to tell Trooper Martin to leave him alone and that he was not dropping the knife,” the report says.
“According to Trooper Martin, Joshua Stand was making chopping or stabbing motions with the knife as the two faced each other as they continued to shout at one another.”
Stand reportedly ran again before stopping to face Martin in an intersection, the report says.
According to Martin, Stand continued to make stabbing motions. The woman on her porch said she used binoculars and Stand was facing the trooper and waving his arms, the report says.
Martin said Stand appeared to relax his body and put the knife into his pocket, then turned and walked away. He said he considered “physically engaging” Stand but feared the man could easily remove the knife from his pocket, according to the document.
“While contemplating this course of action Joshua Stand suddenly turned, removed the knife from his pocket and took a step towards Trooper Martin,” with only 20 feet between them, the report said.
Fearing Stand would or was about to attack him, Martin, who reportedly had his firearm drawn the entire encounter, shot Stand multiple times.
The report also says Martin was familiar with Stand from an April traffic stop that resulted in an arrest for DUI and firearms possession by a felon. In addition, Martin told investigators he witnessed Stand's combative behavior at the Nowata County jail on a separate occasion, and from those previous experiences, he was led to believe that Stand was mentally and emotionally unpredictable, the report says.
"I appreciate the timeliness and independent review of this matter by the Nowata County District Attorney's Office. Having reviewed all facts and evidence surrounding this event, I've authorized the return to full-duty status of Trooper Jerrod Martin effective immediately," Chief of Patrol Col. Rick Adams said.