Former Lawton police officer testifies in Stand Your Ground hearing

Two former Lawton police officers readying for trial for the December 2021 shooting death of Quadry Malik Sanders hope the Stand Your Ground defense will lead to their charges being dropped.

A Wednesday afternoon evidentiary hearing in Comanche County Presiding District Judge Emmit Tayloe’s courtroom lasted five hours and into the evening with testimony from one of the officers. The hearing was continued until 9 a.m. April 4.

Nathan Michael Ronan, 31, and Robert Leslie Hinkle, 31, are scheduled for the upcoming April/May jury trial docket to face their felony charges: Ronan is charged with shooting with intent to kill and Hinkle with first-degree manslaughter, records indicate.

Legal counsel Gary James, of Oklahoma City, is arguing that his clients, Ronan and Hinkle, were justified in using deadly force in self-defense during the Dec. 5, 2021, incident that left Sanders, 29, dead.

Sgt. Kenneth Dixon first testified to being partnered with Hinkle that day. They had been called a week prior to a protective order violation call involving an armed Sanders at 1806 NW Lincoln, the home of his ex-girlfriend, Briana Wattenberg, and mother of his children. On Dec. 5, 2021, the protective order was no longer in effect because Wattenberg failed to appear at a hearing regarding the order, but police weren’t aware of that information.

Dixon, Hinkle and other officers were at another armed standoff situation on Northwest Kingsbury Avenue and responded to the call on Lincoln. Dixon testified he was stationed with a long-rifle and the scope set at three times magnification across the street from the home. He believed Sanders presented a threat but said he didn’t fire his gun because he never saw a weapon with Sanders.

Sgt. David Schucker, a 37-year veteran of the Lawton Police Department and firearms and use of force instructor, and firearms instructor Lt. Brian Shotts testified to the use of force not being predicated on whether a weapon was seen.

“You want to be able to see their hands,” Schucker said. “Just because you can’t see a weapon doesn’t mean there’s not a threat. … If you wait to see a weapon, you may have waited too long.”

Schucker cited a person’s body language, behavior, and actions such as reaching for a pocket, seeking cover or “blading” — turning the body in a manner to present a smaller target and getting into a “fighting” posture as other predicates of threat identification.

Hinkle described the “fluid” situation where he and Dixon were the first officers to arrive on Dec. 5, 2021. Ronan and Hinkle were among several Lawton police officers who responded to a call of an armed hostage situation and protective order violation. Along with Hinkle’s contact the week before, Ronan had been called earlier that morning to the home for a protective order violation and report Sanders had threatened children at the home and had fired off multiple rounds in the street before leaving.

James’ has argued in prior hearings the officers’ reactions were the result of Sanders’ actions before raising his hands. Hinkle’s body camera video showed Sanders step back behind a refrigerator outside the home while being ordered to come forward with his hands up. At the time of the incident, witnesses told police Sanders had a gun. Hinkle testified Sanders was “being sneaky.”

Sanders lowered his hands as he stepped behind the refrigerator and was told by Hinkle again to show them. Hinkle testified Sanders shifted a ball cap from his right hand to his left as he moved his right hand toward his pants pocket while the officer commanded he show his hands. Hinkle testified it appeared Sanders was “preparing for an altercation.” That’s when Hinkle fired four shots into Sanders.

“I had to engage him,” he said while explaining his mindset. “He’s getting ready to shoot me and my partner. I have to make a decision to start shooting.”

Hinkle said he took his gun off the trigger and reassessed the threat as Sanders fell to the ground. Sanders was again ordered to show his hands and to stop reaching toward his pants pocket. At that point, according to Hinkle, he had to assume Sanders was reaching for a weapon.

“At this point …,” Hinkle said, “I’ve got to start engaging.”

Hinkle discharged 11 more rounds and Ronan fired four. Hinkle told James the reaction was reasonable to believe Sanders was a danger “to myself, my partner and the public, yes sir.”

Sanders received 12 bullet wounds to the upper and lower body that killed him, according to the Oklahoma Medical Examiner’s autopsy report. The medical examiner reported finding methamphetamine in Sanders’ blood.

Ballistics testing showed that 11 wounds came from Hinkle’s gun and one was unidentifiable from either man’s gun.

During cross-examination, District Attorney Kyle Cabelka asked why Hinkle stopped shooting if he believed Sanders was still a threat. Hinkle said Sanders remained a threat, even after being shot.

“You shoot until a threat is no longer a threat,” Hinkle replied. “He’s still a threat, maybe not an active threat. That’s police training.”

Hinkle said he didn’t learned until later that Sanders was unarmed. A gun belonging to Sanders was found inside the house.

In the body camera video, Sanders’ hands are seen going up. However, according to Hinkle, that happened as he’d already begun to fire his weapon.

“When I began to fire, his hands aren’t up,” he said.

Cabelka asked Hinkle if he knew he’d struck Sanders with his gunfire. Hinkle said when he made the decision to pull the trigger, his focus was on the end of the gun aimed at the body mass.

“I thought Mr. Sanders was armed and started engaging the threat,” Hinkle said. “You’re shooting until the threat is no longer a threat.”

At 7 p.m. and with a redirect examination of Hinkle from James to follow, Tayloe ordered a continuance of the hearing. Ronan is expected to take the stand when the hearing continues at 9 a.m. April 4. Tayloe reminded everyone that the case remains scheduled for the upcoming jury trial docket scheduled to begin April 15.