- Associated Press - Wednesday, February 4, 2015

OKLAHOMA CITY (AP) - The Oklahoma Court of Criminal Appeals has upheld the life prison sentence of a man convicted of first-degree murder for the shooting death of a tree-trimmer mistaken for a rival gang member.

The court handed down its ruling Wednesday in the case of 20-year-old Davion Pollard of Oklahoma City. Pollard was convicted in the June 8, 2011, shooting death of 45-year-old Jerry Clark Jr.

Testimony during Pollard’s trial indicated the shooting occurred after Clark’s assailant believed his orange work shirt indicated he was a member of a competing gang. Clark worked for a tree-trimming company and was visiting his aunt moments before the shooting.

Pollard is incarcerated at the Lawton Correctional Facility in Lawton. His attorney, Wyndi Hobbs of the Oklahoma Indigent Defense System, declined comment on the court’s ruling.

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