Tulsa Walgreens Shooting Raises 'Stand Your Ground' Law Questions

Thursday, December 20th 2018, 11:24 pm

By: Justin Shrair

Wednesday's shooting at a Walgreens near 71st and Lewis is bringing back debate on the stand your ground law.

We now know one person is dead, but two others were injured in the crossfire. We don’t yet know if the stand your ground law is being used.

News On 6 spoke with a firearms instructor and a lawyer who's handled stand your ground cases about what potentially could lie ahead.

There are still a lot of moving parts to this investigation. While experts say the stand your ground law could be used as a legal defense, both say this clerk most likely has a long road of legal fees ahead of him.

Eric Fuson has been a firearms instructor for more than a decade.

"You have the right to defend yourself from an attack that can cause you great bodily injury or death any place you have a legal right to be" said Eric Fuson, co-owner of 2A Shooting Center.

But Fuson also said you always need to know your target and what's beyond it. Late Wednesday afternoon, Tulsa Police say a Walgreens clerk shot and killed William Hurley after they said Hurley pulled a gun on the clerk, during an argument. But police said the clerk also hit two bystanders who are expected to survive.

TPD: Clerk Only One To Fire Shots In Walgreens Argument That Left One Dead, Two Injured

"Whether you were lawful and you're using force to defend your own life, you're also responsible for the resting place of any bullets that leave your firearm,” said Fuson.

Attorney Shannon McMurray said since the clerk shot two bystanders, his intent could transfer to the two other people hurt. She also said even though the clerk has not been arrested, there is still a possibility he could be charged.

"He could face nothing criminally, but he certainly could face everything from a misdemeanor to a felony," said Attorney Shannon McMurray. McMurray is a criminal defense, criminal sppeals and post-conviction relief as well as a family law and divorce attorney.

She said the clerk could use a defense under the stand your ground law. But even if he is cleared criminally, he could also face civil lawsuits.

"It could be assault and battery, felonious assault and battery - some sort of elevated battery charge tort-wise, McMurray said.

"Whether its civil or criminal if you use your gun in self defense expect there to be legal action that you are going to be involved," said Eric Fuson, co-owner of 2A Shooting Center.

Police Identify Man Killed By Clerk After Pulling Gun At Tulsa Walgreens