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OKLAHOMA COUNTY (KFOR) — A second preliminary hearing for a Village police officer charged in a deadly shooting ended for the second — abruptly.

Cpl. Chance Avery of The Village Police Department was facing second-degree murder charges for allegedly shooting and killing Christopher Poor in 2020, while responding to a domestic call. Poor is seen in body cam footage armed with a baseball bat.

The original preliminary hearing ended abruptly in early August after state prosecutors said they didn’t have time to read a ruling from a Kay County case involving a different deadly police shooting.

In that case, the court ruled prosecutors didn’t show excessive force on behalf of the officer. Kay County Judge Lee Turner dismissed manslaughter charges against Blackwell Lt. John Mitchell.

In 2019, dash cam video showed the police chase when Lt. Mitchell allegedly fired 60 shots into Michael (pronounced the same as “Michelle”) Godsey’s truck, killing her. Godsey is accused of shooting at an officer and a random car minutes before.

Judge Turner ruled the state didn’t prove Mitchell used excessive force in Godsey’s death.

In the hearing on Thursday Sept. 2, the Judge Lisa Hammond ruled in the same fashion for Avery’s defense team and threw out all charges against Avery saying prosecutors did not show he used excessive force.

Prosecutor David Prater says the state will appeal.