Judge Rules Stand Your Ground Law Doesn't Apply To Actions Of Man Accused Of Shooting Process Server

Friday, January 3rd 2020, 12:46 pm
By: News On 6

A judge ruled the Stand Your Ground law does not apply to a Tulsa man charged with shooting a process server.

Christopher Barnett told the judge on Thursday he feared for his life when the process server knocked on his door late at night last July.

He said he didn't realize the man was a process server but could tell he was armed. However, the judge told Barnet that just because you say you feared for your life doesn't make it true.

"The court made a determination that it was not reasonable for Mr. Barnett to be doing what he was doing," District Attorney Steve Kunzweiler said.

If the judge had ruled in Barnett's favor, his charge of assault and battery with a deadly weapon would have effectively gone away. Instead, after reviewing the surveillance video, the judge said Barnett had no reason to feel his life was in danger.

Lollman said they still plan on pursuing self-defense at Barnett's trial.

"He had a belief that this person was going to come into his home and that this person was going to attack him," Lollman continued.

The judge said the process server very clearly identified himself and why he was there, and never pulled out his gun or threatened to shoot Barnett.

"Just because you see a gun doesn't give you the authority to just pull your gun out and start shooting," Kunzweiler said.

Kunzweiler said in a state where concealed and open carry is legal, this is a lesson everyone should pay attention to.

"Mr. Barnett's argument was that he saw a gun, or he saw a holster of a gun and he felt threatened," Kunzweiler said. "What's that do to every person who's lawfully carrying a gun in Oklahoma?"

The judge set Barnett's trial for June. Prosecutors said in the courtroom that any plea deals are now off the table.

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