Gathered inside a downtown Tulsa law office on Tuesday, attorneys Benjamin Crump and Damario Solomon-Simmons, cited a toxicology report that indicated Ricky Stone had 6.8 nanograms of marijuana in his system when he shot Bird on Feb. 4 during an encounter at Deerfield Estates Apartments, 8812 S. Delaware Place, after Bird allegedly attempted to back a car into him.
"We have a hard time understanding why the (Tulsa County) District Attorney's Office is not looking at this information like we are," Solomon-Simmons said. "We know Ricky Stone was intoxicated the night he unjustly shot Monroe Bird."
Stone, 57, was charged May 29 in Tulsa County District Court with a single count of drug possession after a police report showed he admitted to having a small amount of marijuana in a backpack in his vehicle on the night of the shooting.
He was issued a summons on the drug complaint on May 28 in McLean, Texas, and has yet to be arrested on a $250 warrant, Tulsa County District Court records show.
The toxicology report, provided by the Oklahoma State Bureau of Investigation, also revealed Stone had prescription drugs in his system that attorneys claim could have impacted his behavior.
Solomon-Simmons cited two states — Washington and Colorado, both of which allow the sale of legalized marijuana — that have a legal threshold of 5.0 nanograms for someone be considered impaired.
District Attorney Steve Kunzweiler told the Tulsa World last month that there was no indication from Tulsa police officers or medical personnel at the scene that Stone was under the influence of drugs or alcohol that night.
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