Family Of Man Killed By OHP Trooper Holds Vigil, Files Civil Lawsuit

The family of a man shot and killed by an Oklahoma Highway Patrol trooper in Nowata County two years ago filed a civil rights lawsuit, claiming the trooper used excessive force.

According to OHP, in 2014, Trooper Jerrod Martin responded to a 911 call about Josh Stand walking in the middle of the roadway with a knife.

But, lawyers for the Stand family interviewed witnesses in Delaware, Oklahoma and they are telling a different story about what happened that day.

On the two-year anniversary of his death, Stand’s friends and family members held a vigil to remember him.

"No matter what the outside world thinks of Josh, he's ours, he belonged to us. The pain we deal with every day, you don't ever get over missing him,” Stand’s aunt, Stella Stand said. "When you see this come out, it helps you deal with that pain."

Trooper statements and witnesses say Stand was holding a knife at the time of the shooting. OHP dashcam video shows Martin attempting to stop Stand.

6/16/2015 Related Story: Family, Friends Protest Death Of Nowata Man Killed By OHP Trooper

Attorney Dan Smolen said, "They're on a rural road with the trooper getting out of the car with a gun in this kid's face as the kid is walking down the highway."

Stand's family attorney said Stand had a history of mental illness and that Martin saw Stand first, radioed to see if he had any warrants, and the dispatcher said no.

Martin's attorney says the trooper responded to a dispatch from Nowata County about a 911 call about a man with a knife and followed Stand up a hill, at gunpoint, into town.

According to interviews conducted for the civil rights lawsuit, neighbors claim Stand was shot from a distance, across the street, and that Stand never had the knife open.

The Nowata County district attorney cleared Martin of any wrongdoing in the shooting.

8/8/2014 Related Story: Nowata DA Clears OHP Trooper Who Shot Man 9 Times

Martin’s attorney says audio recordings show inconsistencies from the statements contained in the lawsuit.

Our partner, The Frontier, has also been following this story. You can read their version online.