District attorney clears trooper who fatally shot wanted man after pursuit

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The Tulsa County District Attorney’s Office has cleared of criminal wrongdoing a state trooper who fatally shot a wanted man who fled from him and another Violent Fugitive Task Force officer in Tulsa.

The shooting took place June 27 east of downtown with the fleeing pickup stuck on a metal privacy fence in a residential backyard as the driver attempted to free the vehicle, according to prosecutors.

William Aubrey Martin III, 50, was killed by two gunshots to the back of his head, according to the medical examiner’s autopsy report. District Attorney Steve Kunzweiler said the trooper opened fire from behind when the truck’s engine revved and the trooper saw its tires spinning in reverse, fearing he might be struck if the tires gained traction on the ground.

Kunzweiler said Martin showed a “great disregard” for human safety during the high-speed chase through neighborhoods and the University of Tulsa campus, further supporting the trooper’s use of deadly force to stop the threat.

“(Martin) knows full well where he’s at and that he’s got police directly behind him,” Kunzweiler said. “So when he shifts it into reverse, my read is he knows he’s going to use his vehicle as a weapon against anything that’s behind him, including an officer or an officer in a car.”

No weapons were found on Martin or inside the black 2017 Chevrolet Silverado.

The Oklahoma Highway Patrol trooper who fired the gunshots was identified Tuesday as Brian Costanza, a member of the Northern Oklahoma Violent Fugitive Task Force. His task force partner, Tulsa County Sheriff’s Deputy Evan Foster, drove an unmarked SUV during the pursuit.

Costanza recognized Martin in a pawn shop at Eighth Street and Utica Avenue as a person who had been wanted by the U.S. Marshals Service for about a year on warrants related to several felony charges for which he didn’t appear in court, according to Highway Patrol documents.

In the killing’s aftermath, the OHP declined to say much about what transpired, stating that the shooting happened after an “incident” at the end of the pursuit. The agency also didn’t release any records requested by the Tulsa World that were related to the event until after 5 p.m. Tuesday.

The Highway Patrol stated that it now will begin its administrative internal review of the chase and shooting.

First Assistant District Attorney Erik Grayless said the only video capturing portions of the encounter is from the body camera of a Tulsa police officer who was a backing officer in the chase. The task force vehicle wasn’t outfitted with the same video equipment as a standard patrol unit, which Grayless said is a common policing practice.

Grayless said the gunshots can be heard on the video but not seen. Both Costanza and Foster reported that the pickup’s tires were spinning backward at the time shots were fired, but when the Tulsa officer approached the truck the tires were spinning forward, Grayless said.

Costanza fired at least 10 rounds, Grayless said, and during those few seconds Martin “certainly has time” to put the truck back into drive. Costanza had reasonable fear for his life, he said.

“Discounting testimony, I don’t have evidence to suggest it wasn’t moving forward,” Grayless said. “But both officers say it was moving backward and at some point shifted into forward.”

Grayless said Foster pulled the SUV up to about 10 feet behind the truck before the shooting. He said Costanza hopped out and was in a reasonable position about the same distance behind the truck with his firearm drawn because he thought the driver would bail out on foot.

Officers eventually had to approach the truck with a ballistics shield to break a window and turn off the engine after it had caught fire from spinning in gear at thousands of RPMs while high-centered.

The pursuit didn’t take place immediately. Grayless said Foster tailed Martin for some time as he and Costanza waited for backup. Martin pulled over voluntarily at some point, which is when Foster activated the SUV’s internal light bar.

Martin stepped out, hollered something derogatory toward the officers, and then sped off, Grayless said. He said the chase persisted at least five minutes and reached speeds upward of 80 mph.

The truck eventually went over a cul-de-sac near Second Street and Fulton Avenue, drove through a side yard and into the fence that ensnared it.

Martin’s autopsy found acute methamphetamine intoxication.