Oklahoma prosecutor says man justified in fatal shooting of neighbor

ADA, OK (AP/WCMH) — An Oklahoma prosecutor says a man was justified in fatally shooting another man who was trying to drown his 3-month-old twin son and daughter.

Pontotoc County District Attorney Paul Smith said in a statement Thursday that David Cash Freeman was justified when he used deadly force against 27-year-old Leland Foster of Poteau, and as a result, no charges will be filed against Freeman.

Justifiable homicide is defined as “the lawful defense of such person or of another, when the person using force reasonably believes such force is necessary to prevent death or great bodily harm to himself or herself or another.”

Foster was shot to death on June 2 at his ex-girlfriend’s home in southeastern Oklahoma. The woman said Foster forced his way into her home, slammed her to the ground and tried to kill her and her infant twins.

Freeman, a neighbor, shot Foster three times after seeing him holding the infants under water in a bathtub while threatening the children’s mother with a knife.

“Mr. Freeman reported that even after firing two shots, he still considered the decedent to be a threat observing him to [be] armed with the knife… viewing the decedent’s evil intent expressed in his facial expression, he felt compelled to fire the third shot to attempt to get past this violent man to render aid and prevent the man from getting back up to harm anyone anymore,” the Pontotoc County District Attorney’s Office said in a statement obtained by KFOR-TV.

Smith says the shooting “was certainly necessary under these gripping circumstances.”

The Associated Press contributed to this report.

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