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Terence Cruther's parents and mother of his children meet ahead of estate hearing next week

Posted at 12:25 PM, Oct 20, 2016
and last updated 2016-10-20 13:25:53-04

TULSA - The attorneys for Terence Crutcher's family, the mother of three of his children and the Tulsa County District Attorney all met Thursday to exchange evidence in his estate case. 

The family is fighting to determine who the administrator of Crutcher's estate should be.

Determining who the administrator is determines who will be able to file a civil rights lawsuit for Crutcher's death against the City of Tulsa. Winning that case could bring the family millions of dollars. 

A judge originally ruled Frenchel Johnson, the mother of three of Crutcher's children, was his common law wife and, by law, the administrator of his estate. 

SPECIAL SECTION: The fatal shooting of Terence Crutcher

A week later a judge overturned that decision. Crutcher's parents said they should be the administrators. 

On Thursday, both sides had to present the evidence they found to prove or disprove that Johnson was indeed Crutcher's common law wife. 

Crutcher's parents brought up Johnson's criminal past as a reason as to why Johnson is unfit. But one Tulsa attorney said that's less important than Johnson being able to prove she and Crutcher had a common law marriage in this case.

"I mean, it's just like if you're married by a minister or a judge, your criminal background doesn't have any affect on whether or not you're married," said founding partner of Richardson Richardson Boudreaux, Gary Richardson.

He said if Johnson can prove she and Crutcher lived as any married couple who made it official, she will most likely become the administrator, according to Oklahoma state law. 

The family's hearing is next week on October 25. 

Crutcher, 40, was unarmed at the time Officer Shelby approached his vehicle on September 16. Crutcher's vehicle was reportedly having issues. He was fatally shot after, a TPD department spokesperson said, he refused to cooperate with orders.

Officer Shelby is now facing charges of first degree manslaughter. Shelby's lawyer, Scott Wood, said she was so focused on Crutcher that she didn't hear other officers near her before she fired her service weapon. Almost simultaneously, another officer fired a Taser at Crutcher as he moved toward his SUV.

Shelby, 42, has pleaded not guilty. She faces between four years to life in prison if convicted.

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