Trial For Man Accused Of Killing Tulsa Officer, Injuring Another Set To Begin

The trial for the man accused of shooting and killing a Tulsa Police officer and injuring another in 2020, is now three days away.

David Ware's attorney is asking the judge to allow them to argue Ware was acting in self-defense when he shot the officers. In an unusual move by a defense attorney, Ware's attorney has laid out his whole defense plan, publicly, before the trial. He wants to argue to the jury, that Ware was in fear for his life.

Ware's attorney Kevin Adams argues Ware was afraid, after being kicked by Sergeant Craig Johnson. Adams also argued Ware was afraid of law enforcement based on his previous interactions with officers. Adams says there are officers in the community who are "sadistic" and they should not be excused from their actions just because they wear a badge.

Prosecutors asked the judge not to allow Adams to make these arguments. They say the traffic stop was legal because Ware ran a stop sign and they say officers have the right to ask, then order someone out of their car. They say the officers had probable cause to arrest Ware if they wanted to because he had already broken the law. They say Ware resisted arrest and doesn't have the right to shoot the officers just because he didn’t want to go to jail.

"As always our focus is getting the evidence in front of a jury in a courtroom, and trying things in a courtroom and not in the media, so we are just finally glad to have the opportunity to get the facts in front of a group of citizens so they can make a decision about what needs to happen next,” said Tulsa County Assistant District Attorney Kevin Gray.

Adams declined to comment after today's hearing. Jury selection begins on Monday morning, which is expected to last about two weeks because not only has this case been very public, but it's also a death penalty case.

The judge will review the body camera footage over the weekend before he makes a ruling on the self-defense issue.