
OKLAHOMA CITY (KOKH) — The Oklahoma City police officer who shot and killed a deaf man in September will not face any charges.
Oklahoma County District Attorney David Prater said in a news conference Friday that Sgt. Chris Barnes acted in self-defense when he shot Magdiel Sanchez five times in front of his home in southeast Oklahoma City.
On Sept. 19, police officers were investigating a hit-and-run crash at SE 57th and Shields. Sanchez’s father was driving a truck involved in the wreck, and he fled the scene.
“This could have all been prevented if he had stayed at the scene and done the right thing,” Prater said.
Police tracked down the truck to Sanchez’s home.
“Why would any father leave their mentally impaired, hearing impaired son in the front yard, with this in his hand, to deal with police?” Prater said. “He set his son up to die.”
Surveillance video from a home across the street shows Sanchez surveying the damage on his father’s truck and walking around their yard. When Lt. Matt Lindsey shows up, you see Sanchez running towards his patrol car. About 20 seconds later, Sanchez walks back to the truck, swinging a two-foot metal pipe.
“ Lt. Lindsey described Sanchez’s demeanor as very angry and agitated,” Prater said.
In the video, Lindsey follows Sanchez across the yard, as Sgt. Chris Barnes pulls up to the scene.
Related:Family of Magdiel Sanchez calls for 'immediate arrest' of OKCPD officer
The officers yelled for Sanchez to drop the object, in both Spanish and English, but he didn’t comply with their orders.
Witnesses on the scene report they were telling the officers that Sanchez was deaf.
“At this point, Sanchez was holding the object at shoulder level and approximately 10 feet away from Officer Barnes,” Prater said. “Officer Barnes shot his pistol at Sanchez as he continued to advance on him.”
There is no video of the actual shooting, but body camera footage shows the moments after when officers try to save Sanchez.
Prater said he’s confident the officers acted lawfully, in self defense.
“It’s hard,” said Prater, as he banged Sanchez’s pipe on the ground. “And that’s why I believe Officer Barnes had every right in the world to protect himself, because this will kill you.”
Attorneys for the Sanchez family disagree with Prater’s assessment.
“We do not believe it’s reasonable to shoot an individual that turns around towards you, that is 10 feet away,” said Damario Solomon-Simmons, an attorney for the Sanchez family. “That cannot be the standard here in Oklahoma City, in the state of Oklahoma, or in this nation.”
Solomon-Simmons says Sanchez wasn’t charging toward the officer when he was shot. They believe police could have handled the situation differently.
“I think it’s fair to say there was absolutely zero de-escalation that was deployed in this particular situation,” said Melvin Hall, another attorney for the family.
They plan to continue to investigate, despite the DA’s decision, for a potential suit.
Sanchez’s father will face a felony hit-and-run charge for the accident that sparked the series of events on Sept. 19th.
Related: OKCPD Chief on Sanchez shooting: 'Impossible for them to not know they were police
The Oklahoma City Fraternal Order of Police released a statement about Sgt. Chris Barnes.
“We are relieved District Attorney David Prater cleared Sgt. Chris Barnes of any wrongdoing in the death of Madgiel Sanchez.
Sgt. Barnes acted with professionalism and restraint, firing his weapon only when absolutely necessary to protect himself, his fellow officers and the public.
Police officers must make life-or-death decisions in extremely uncertain, stressful and dangerous situations. We appreciate prosecutors’ thorough and fair review of all information before concluding Sgt. Barnes acted appropriately and in accordance with the law.
The FOP is proud to support Sgt. Barnes.”