May 3—Prosecutors in the felony trial of Darrin Bacchus, the man who shot and killed Landon Aufleger last year after an altercation at Headliners Barbershop Lounge, were advised to not refer to Aufleger as "peaceful," a judge said.

In a pretrial hearing, assistant district attorney JR Kalka and defense attorney Andrew Casey debated whether certain language or evidence would be admissible.

Judge Michael Kulling sustained, in part, Casey's motion for Aufleger to not be referred to as "peaceful" — unless the cross-examination of witnesses elicits testimony that he was "less than peaceful," "violent" or engaging in criminal activity.

The advisory ruling is due to Bacchus' and Aufleger's alleged roles in a fight at the barbershop. The defense has argued Bacchus acted in self-defense while prosecutors previously said the shooting was an act of revenge.

Kulling also said he would mull Casey's motion that would direct witnesses to refrain from identifying Aufleger as a "victim."

"(I am) concerned that the continuous use of the term 'victim' by either the State or witnesses could have the effect of eroding the cloak of presumption of innocence that this defendant is entitled to," Kulling said. "I'm going to take that specific request under advisement and would like both counsel to provide any actual (case law) on that issue."

Casey said he would provide Kulling and the prosecution with case law when he returned to his office.

Though not ubiquitous over the United States, it is not unheard of for judges to rule that the word "victim" infers a defendant's guilt.

Under Oklahoma statutes, "victim" means "a person who suffers personal injury or death as a result of criminally injurious conduct."

Jury selection begins Monday in the trial. The 12 jurors will be selected from a pool of 22, and two alternates will be selected from a pool of six.

Bacchus faces a charge of first-degree murder or, in the alternative, first-degree manslaughter. He pleaded not guilty.

Kalka submitted a multi hour interview between Bacchus and detective Sharae Lejuene that was conducted the morning after the shooting as evidence. Kalka said he anticipates the full interview to be shown to the jury, but Casey said he may request some redactions.

Lejuene testified Wednesday that Bacchus acknowledged his Miranda Rights, and he did not ask for an attorney at any point during the interview. Lejuene also said he was not informed of Aufleger's death until the end of the interview.