18-07-2025
An OKC police officer who fatally shot a rape suspect will not be charged, grand jury says
(Editor's note: This article contains mentions of sexual assault that some readers may find disturbing.)
The Oklahoma County grand jury decided against formally indicting an Oklahoma City police officer in the fatal shooting of a 40-year-old man accused of rape earlier this summer.
Jurors concluded that the use-of-force case involving OKC police Sgt. Justin Kuehn was a "no bill," meaning they didn't believe the officer should face charges, according a news release sent Tuesday, July 15, from the Oklahoma County District Attorney's Office.
On June 4, police were serving a sex crimes-related search warrant for Jose Antonio Martinez in the 5200 block of Evanbrook Terrace. According to a redacted report from an arresting officer, Martinez exited the house and fled southbound on foot. The report also states that "an officer later confronted (Martinez) in an open field north of the house."
That officer, Sgt. Kuehn, found Martinez after the suspect had "tossed his gun over a fence and hopped over," according to the district attorney's news release. Police also said Kuehn ordered Martinez to stop, but Martinez ignored Kuehn's commands and reached down to pick up the firearm. The accompanying officer's police report said that Kuehn then fired his service weapon, striking and killing Martinez.
More: OKC police officer shoots, kills man during confrontation while trying to serve warrant
At the time of the shooting, investigators had been searching for Martinez for more than a week after arrest warrants were issued for him on three counts of first-degree rape and one count of forcible oral sodomy.
According to an arrest affidavit dated May 27, Martinez was accused of raping both his wife and his daughter's 17-year-old best friend.
Court records show a protective order from the wife against Martinez had been issued in April but was dismissed in early May after his wife failed to appear in court.
The grand jury heard from three detectives and viewed 16 exhibits, including body-worn camera footage, photographs from the site of the shooting and a recorded interview with Sgt. Kuehn, according to the DA's news release. Detectives also testified about the basis of the warrants for Martinez and the investigation into the case against him, the district attorney's office said.
The news release said that the grand jury did not believe a use-of-force expert would have helped in their deliberations.
Martinez had previously been convicted of felony cases from 2013 and 2019, including possession of a controlled dangerous substance, domestic assault and battery with a dangerous weapon and possession of a firearm after felony conviction.
This article originally appeared on Oklahoman: OKC officer not indicted after fatal police shooting of rape suspect
