Two former Lawton police officers charged with killing a man in December 2021 will go to trial.
Comanche County Special District Judge Susan Zwaan found probable cause to bind former police officers Nathan Michael Ronan, 31, and Robert Leslie Hinkle, 31, over for trial Thursday morning for the shooting death of Quadry Malik Sanders, 29 in 2021.
District Attorney Kyle Cabelka requested Hinkle be tried for first-degree manslaughter and Ronan be tried for shooting with intent to kill.
The two men were among Lawton police officers responding to a call of an armed hostage situation and protective order violation against Sanders 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.
In prior testimony, Solis testified about video from Hinkle’s body camera that showed Hinkle’s reactions to Sanders’ movements. Solis also testified about prior dealings at the home involving Sanders and the former officers, including reports that Sanders was armed with a gun that night. Solis testified that the gunshots were a reasonable reaction from Hinkle.
The video shows Sanders step behind a refrigerator outside the home as he’s being ordered to come forward with his hands raised. Moments before, Sanders was seen by another officer trying to leave by the back door; he was still considered armed.
Sanders lowered his hands as he stepped from behind the refrigerator 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. Solis agreed with defense attorney Gary James that Sanders’ actions could be considered threatening, leading Hinkle to shoot him four times.
In testimony Thursday, citing use of force science that it takes a quarter of a second to react to the movements and another quarter of a second to react, James supposed that Sanders was reaching for his gun, momentarily forgetting he’d left it inside the house.
“I would hate to make life or death decisions in less than a quarter of a second,” he said.
After Sanders fell to the ground, his right hand was seen in the video reaching toward his right pocket despite repeated commands to “quit reaching” and to show his hands. As Hinkle began to fire 11 more rounds and Ronan four, Sanders was seen raising his hands.
James showed Solis what appeared to be an object in Sanders’ right pocket in the video. After Sanders was pulled from the scene, his hat, wallet, a glass vial containing drugs and a cellphone were left behind. James asked Solis if it was reasonable for the officers to believe Sanders was reaching for a weapon and for their response.
“No,” Solis said.
“You don’t think that’s reasonable?” James asked. “That’s ludicrous.”
According to the State Medical Examiner’s autopsy report, Sanders received 12 bullet wounds to the upper and lower body that killed him. 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. Ronan, however, fired four shots in the second volley. Due to that, Cabelka sought the shooting with intent to kill charge “based on the evidence” after filing first-degree manslaughter charges against the two men in May 2022.
James asked Solis, who admitted he’s not a use of force expert, why he didn’t take an agent who is with him to confer with Cabelka when presenting the case report.
“I didn’t think there’d be a purpose,” he said.
James requested a demurrer from Zwaan as he pleaded for a dismissal due to the Oklahoma use of force statute that goes into effect Nov. 1. The statute states that it must be shown that police use an excessive use of force. He said that hadn’t been proven.
“I ask the court to use logic,” he said. “This is a justified use of deadly force.”
Zwaan determined there was enough probable cause to bind the men over for trial.
Hinkle and Ronan are free on $25,000 bond. They will be formally arraigned at 9 a.m. Nov. 8 and their cases placed on a future trial docket.
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