'Stand your ground' hearing scheduled for deadly Stillwater shooting
Nov. 28—A Payne County judge will hear arguments Wednesday on whether a Stillwater man's killing was carried out in self-defense in a Stand Your Ground hearing on Wednesday.
Darrin Joseph Bacchus, 25, was charged with first-degree murder or the alternative manslaughter in April after he shot and killed Landon Aufleger, 25, during an altercation at Headliners Barbershop Lounge.
Defense attorneys filed a motion in September requesting a hearing regarding Bacchus' right to immunity under Oklahoma's Stand Your Ground laws.
In order for Bacchus to be granted immunity, Judge Stephen Kistler must decide all of the following to be true:
1. Bacchus was not engaged in an unlawful activity
2. Aufleger was the aggressor and attacked Bacchus in a place Bacchus had the right to be
3. Bacchus reasonably believed force was necessary to prevent death or great bodily harm to himself
It is the third statement that the State contested in a filed motion to dismiss the Stand Your Ground defense.
Witness statements claim Aufleger was one of the men attacking Bacchus. The State does not dispute that four men beat Bacchus with fists and kicked him repeatedly and put him in a headlock so tight that he could not breathe, according to court documents.
Prosecutors say Bacchus would have been entitled to stand his ground at this time.
The State did claim, however, that Bacchus exited the barbershop with the four men still inside and walked to his car to retrieve his handgun. While he was doing that, he heard the door in Aufleger's vehicle closing, according to court statements.
"Aufleger had walked out of the shop and entered his vehicle and was attempting to leave the scene," the State said in the motion. "As he backed his vehicle out of the parking space, (Bacchus) approached Aufleger's passenger side and began firing."
The argument against Bacchus' right to Stand Your Ground is that his use of deadly force occurred "well after" the altercation.
Detective Sharae Lejuene told the court it was fair to say the vehicle was trying to get away as Bacchus shot at it.
"I asked him at the point of leaving the barbershop, that when he got in his car, why didn't he just leave," Lejuene said. "He became a little bit agitated at my question and said that he was capable of defending himself with his gun."
Five men, including participants in the altercation and witnesses, have been subpoenaed to testify at the hearing.
Bacchus remains held in the Payne County Jail in lieu of being held without bond, according to court records.
The hearing is scheduled for 9 a.m.
