ORIGINAL OUR SPMAR teres IN THE COURT OF CRIMINAL APPEALS g¢p 39 971 OF THE STATE OF OKLAHOMA JOHN D. HADDEN AEN ang aie SOSseaeoe CHANCE AVERY, Petitioner, v. No. PR-2021-1024 HONORABLE CINDY TRUONG, DISTRICT JUDGE, STATE OF OKLAHOMA, Respondent. ORDER DIRECTING RESPONSE AND STAYING DISTRICT COURT PROCEEDINGS On September 29, 2021, Petitioner, through counsel, filed an emergency application for a writ of prohibition and/or mandamus. Petitioner also seeks a stay of the District Court proceedings. Petitioner, a peace officer, was charged with second-degree murder, or in the alternative, first-degree manslaughter in Oklahoma County District Court Case No. CF-2020-4508. Following preliminary hearing a magistrate granted Petitioner's demurrer to the evidence. The State appealed the ruling and Respondent reversed, ordering that Petitioner be bound over as chargedPR-2021-1024, Chance Avery v, Honorable Cindy Truong Petitioner asserts that Respondent's ruling is improper because it is inconsistent with 22 O.S.Supp.2011, § 34.1, which concerns the use of excessive force by peace officers, and because the magistrate’s ruling was not shown to involve an abuse of discretion. Judge Truong, or her designated representative, is directed to file a response to the issues raised by Petitioner. The response shall be filed in this Court within thirty (30) days from the date of this order. The CLERK of this Court is DIRECTED to transmit a copy of Petitioner’s pleading to Judge Truong with a copy of this order. District Court proceedings are STAYED pending further order of this Court. IT IS SO ORDERED. WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 30* day of La line , 2021. SCOTT ROWLAND, Presiding Judge 6Gtwrt, jase ROBERT L. HUDSON, Vice Presiding Judge Za GARY L. LUMPKIN, JudgeATTEST: Gokn 9. Hoddem Clerk NF DAVID B. LEWIS, Judge \