TULSA – The family of Monroe Bird III, who was shot by an apartment security guard earlier this year, said at a news conference Tuesday the guard’s toxicology report show’s he was high on marijuana on the night of the shooting.
Bird’s family’s attorneys, Benjamin Crump and Damario Solomon-Simmons, said Tuesday they’d recently reviewed Ricky Stone’s toxicology report, which shows he had 6.8 ng/ml of THC in his system as well as other prescription drugs when DNA samples were taken hours after the shooting. They cited states where the drug is legal and 5.0 ng/ml is considered intoxicated.
Bird was shot in February in the parking lot of Deerfield Estates near 88th and Delaware. Stone said Bird tried to hit Stone with a car so he opened fire, striking the 21-year-old in the neck.
Bird was paralyzed instantly. He died June 30.
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District Attorney Steve Kunzweiler declined to file charges against Stone for the shooting, calling it justified; however, months later Stone was charged with misdemeanor drug possession related to the discovery of marijuana in his vehicle on the night of the shooting.
Crump said Tuesday Kunzweiler told Bird’s family he couldn’t prosecute the security guard because of “Stand Your Ground” laws, but Crump says those laws do not apply because of the drugs in Stone’s system.
“Either Kunzweiler doesn’t know the law or he chooses not to apply the law when it comes to certain groups of people,” he said.
Crump said the DA’s decision not to file charges “is inconsistent with Oklahoma law, but more importantly it’s inconsistent with the concept of equal justice.”
Solomon-Simmons said Stone should’ve never been a security guard based on his criminal history, including an assault on a high school student in 1996 and a protective order filed against him in 2011 for threatening to burn down a roommate’s house.
Bird’s family previously filed two separate civil suits, naming Stone, the City of Tulsa, Police Chief Chuck Jordan, the security company, the apartment complex and the property management group, but both suits were dismissed.
Those suits were filed as personal injury cases, said one of the family’s attorneys, but the toxicology report helps the family move toward a civil action for wrongful death.
“We will find justice,” said Solomon-Simmons.