A judge has ruled that an officer with The Village (OK) Police Department was justified in fatally shooting a man who approached him with a bat. 

Chance Avery, 35, faced a felony first-degree manslaughter charge and an amended second-degree murder charge after fatally shooting Christopher Poor, 49, three times July 25, 2020.

On Thursday, Oklahoma County Special Judge Lisa K. Hammond dismissed the charges, saying “the state failed to establish” that a crime was committed, the Oklahoman reports.

Oklahoma County District Attorney David Prater filed the charge against Avery. 

“We will be appealing this order,” Prater told the judge. 

Avery was inside the residence at the request of Poor's wife, who was picking up some personal belongings, when Poor ran from the garage into the living room clutching a bat, police said.

Defense attorney Gary James argued that Avery had a right to use deadly force because Poor ignored multiple commands to drop the bat and continued to approach the officer.