The second part of a continued preliminary hearing for two former Lawton police officers charged with killing a man in December 2021 has been continued again until late October.
The decision made Thursday morning by Comanche County Special District Judge Susan Zwaan continues the determinative process for whether or not former police officers Nathan Michael Ronan, 31, and Robert Leslie Hinkle, 31, will go to trial for charges of first-degree manslaughter in the death of Quadry Malik Sanders.
The two men were among Lawton police officers responding to a call reported as an armed hostage situation and protective order violation against Sanders, 29, the night of Dec. 5, 2021, at 1806 NW Lincoln, the home of his ex-girlfriend and mother of his children, Briana Wattenberg. Ronan and Hinkle shot Sanders after he failed to comply with their commands.
Oklahoma State Bureau of Investigation (OSBI) Lead Case Agent Alfredo “A.J.” Solis, who investigated the case, returned to the witness stand Thursday. Solis testified and was cross-examined for almost three hours during the initial preliminary hearing on Sept. 21. The charges against Ronan and Hinkle were based on his investigation.
Defense attorney Gary James picked up where he left off, asking Solis about use of force sciences. Solis, who had not had advance training in the subject before September’s hearing, has since taken a course in Force Science Institute training. James noted it takes about 0.25 of a second to react to a person’s movements and another 0.25 of a second to act.
“I’m familiar with the concept now,” Solis said. “I have learned it takes a certain amount of time.”
Returning to Hinkle’s body camera video of the incident, James questioned Solis about the officer’s reactions to Sanders’ movements. Coupled with prior dealings at the home involving Sanders and the former officers and the reports over emergency radios during the incident that Sanders was armed with a gun and that children were incident, James argued Ronan and Hinkle were justified in being reacting as they did when Sanders stepped outside.
Hinkle’s body camera video shows Sanders step back behind a refrigerator outside the home as he’s being ordered to come forward with his hands raised. This was moments after he was seen by another officer trying to exit the back door; he was still considered armed.
After stepping behind the refrigerator, Sanders lowered his hands and was told again to show them. Sanders was seen shifting a ball cap from his right hand to his left and moving his free hand into his pants pocket.
James asked Solis is Sanders’ actions could be considered threatening and, possibly, prelude to violence from him. Citing use of force science, James asked the agent if Hinkle could be justified in firing the first four bullets at Sanders.
“I think it’s reasonable an officer may believe he was pulling out a gun when pulling his hand out of his pocket,” he answered. “I think it’s a reasonable decision.”
In the second volley where Hinkle fired 11 more rounds and Ronan four, it followed Sanders falling to the ground and, again, his right hand reaching toward his pocket. Over five seconds, the officers yelled at Sanders to “quit reaching” and “show hands.”
James asked Solis a question: “What is police 101?”
“You want to see the hands at all time,” Solis replied.
According to the State Medical Examiner’s autopsy report, 12 bullet wounds to the upper and lower body killed Sanders. Ballistics testing showed that 11 wounds came from Hinkle’s gun and one was unidentifiable from either man’s guns. Ronan, however, fired four shots in the second volley.
From where Sanders was shot in the second round, his cell phone, wallet and some sort of suspected drugs were collected by investigators, James said. The drugs were not submitted for testing, however, Solis said. The medical examiner did report finding methamphetamine in Sanders’ blood.
Zwaan continued the hearing until 9:30 a.m. Oct. 26.
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