A Collinsville man accused of shooting and paralyzing an alleged speeding driver last year will stand trial in October.
Mark Abshire, 37, will face a charge of shooting with intent to kill on Oct. 27 in Rogers County District Court. Abshire is accused of shooting Robbie Case, Sept. 2, 2007, during a dispute in the neighborhood of Cedar Bluff off Highway 20 west of Claremore.
During a preliminary hearing in February, Case described being shot twice — one bullet entering his chest and exiting near his collarbone and one bullet hitting his spine. The second shot is what Case says caused him to be paralyzed and he told the court the bullet is still lodged in his spine, “because they can’t remove it.”
According to law enforcement reports from the investigation, Abshire stated Case and passengers in his Jeep had sped through the neighborhood yelling at Abshire and his guests. He added that he retrieved a can of Mace and a handgun before returning outside.
Case previously testified he heard the Abshires and their guests yelling “stop” and “slow down” when they drove back through the neighborhood around midnight Sept. 2 after four-wheeling near the neighborhood.
Case testified that he stopped his Jeep in front of the Abshire home, and his uncle and a passenger, both in a separate vehicle, pulled in front of the home as well. Case said he stayed in his car while a yelling match ensued until he heard one of his family members state they had been sprayed with Mace. He then testified he stepped out of the car and covered his face with his shirt.
Abshire allegedly met Case with a spotlight and a can of Mace before Case tackled Abshire, taking him to the ground. Case stated that Abshire stood up and shot him twice while he lay in the culvert and driveway.
Jack Gordon Jr., Abshire’s legal counsel, maintains his client had a right to use his .40-caliber handgun that night, being on his own property and protecting himself and others at his home, including three children.
Gordon refers to the “stand your ground law” which gives citizens the right to “stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm ...”
In addition, the state statute protects the person using force in the above stated manner from criminal prosecution and civil action.
Rogers County Investigator Darrin Hester stated in court he did not believe that law applied to the Abshire case.
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Mark Abshire PHOTO PROVIDED/Rogers County Jail
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Trial slated for Collinsville man
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