SALLISAW(KFSM) — A district attorney determined that a deadly shooting of a Sallisaw suspect was justified, according to a letter from the district attorney.
Sequoyah County Sheriff Larry Lane and Chief Deputy Charles House shot and killed James Huskey in a Sallisaw McDonald’s on July 5.
First District Attorney N. Jackson Thorp reviewed the case as part of the investigation.
According to the letter, law enforcement officials were made aware of an assault and battery with a deadly weapon in Fort Smith. Deputies determined Huskey was mentally unstable and armed and dangerous to the community. Additional investigation determined that Huskey was somewhere in the city of Sallisaw.
Lane and House entered the McDonald’s on Robert Kerr Blvd. as part of the search, the letter states. Deputy House found Huskey near the restroom and was able to signal Sheriff Lane. Lane formed a plan to peaceably take Huskey into custody. According to surveillance video, Lane approached Huskey from one direction and House approached from the area of the restroom.
When he saw Sheriff Lane, Huskey immediately pulled a firearm and attempted to shoot Lane. Lane was able to grab Huskey’s “gun hand” and House and Lane attempted to disarm Huskey. The letter states Huskey fired his pistol, nearly shooting Lane.
Lane and House then continued their attempt to disarm Huskey. The letter states Huskey said multiple times his intent to resist and demanded that officers “just shoot me…you’re gonna have to kill me.”
Unable to stop Huskey with non-deadly force, after insuring the safety of the people in the restaurant Deputy House, Sheriff Lane fired his service weapon into Huskey. After the gunshot, Huskey released his firearm and was secured. Huskey was transported to Sequoyah County Memorial Hospital where he later died.
“It is my opinion that the actions of Sheriff Larry Lane and Chief Deputy Charles House were justifiable in accordance with Oklahoma law, and I decline to file any charges against them,” Thorp said. “In review of this encounter it is clear that both Lane and House acted in a manner that is consistent with the law, and possibly prevented further danger or possible loss of life to restaurant occupants as well as other law enforcement officers who were searching and attempting to apprehend James Huskey.”
