Ellis County Attorney, KBI offer details of investigation into August officer-involved shooting

By JONATHAN ZWEYGARDT
Hays Post

Citing self-defense, charges will not be filed against a veteran Hays Police Department officer following an officer-involved shooting last month in Hays that left one man dead.

Ellis County Attorney Tom Drees said in a release Thursday that Joseph Weber, 36, Hays was shot and killed by HPD Sgt. Brandon Hauptman during a brief scuffle following an attempted traffic stop.

Drees said at approximately 2:30 p.m. Aug. 18, Hauptman noticed a car with an expired license plate near 27th and Vine. He began following the vehicle and noticed the driver, later identified as Weber, acting strange. According to the investigation, compiled by the Kansas Bureau of Investigation, Weber appeared to be moving things in the seat next to him and reaching into the glove box.

Hauptman, a nine-year veteran of the Hays Police Department, attempted to initiate a traffic stop in the 2700 block of Vine, but Weber did not stop and led the officer on a brief chase. Weber stopped once in an alley off of 27th Street, but did not obey Hauptman’s commands and fled a second time, leading officers to the 2300 block of Timber, where he pulled onto the sidewalk in front of a residence.

According to KBI investigators, Weber exited the vehicle and ran from the officer, toward the residence. Hauptman, Drees said, was able to trip Weber but fell onto him and a struggled ensued.

Drees said a report by the KBI determined the two were wrestling on the ground when Weber grabbed Hauptman’s gun. Fearing for his life, Hauptman pushed the barrel of the gun into Weber’s chest and fired one shot, killing Weber.

The Ellis County Sheriff’s Department secured the scene and the KBI and County Coroner Dr. Lyle Noordhoek were called into to assist with the investigation.

Weber’s actions inside the car and then failing to comply justified using physical force to arrest Weber and, according to Drees, when Weber grabbed Hauptman’s gun he was justified “in the use of deadly force” to shoot Weber.

Hauptman’s gun has been sent for processing of evidence, but Drees said at a press briefing, because it is a “close-contact wound,” it will not change anything in the investigating process.

Drees said there were four witnesses, in addition to Hauptman, to the shooting. Two of them were responding law enforcement officers. The first police officer witnessed the beginning of the chase and heard the gunshot after stopping his vehicle near the scene. The second witness, a sheriff’s deputy, came up on the incident just after the shot was fired as the two wrestled in front of Weber’s vehicle. Drees said the entire incident — attempted traffic stop to fatal shot — took less than eight minutes.

There is video from the sheriff deputy’s dashcam and audio from Hauptman’s body recorder, but neither will be released by the county attorney’s office. Drees cited the Kansas Open Records Act exemption that allows criminal investigation records and any records that violate a person’s privacy as reasons for not making them public.

Two other people testified as to what happened, according to Drees, adding oftentimes witness statements are inconsistent. Drees cited an “erroneous” report of a witness who stated the shooting happened at a distance. The facts, according to the investigation, show the incident occurred at close proximity.

“Eyewitnesses aren’t expecting something like this to happen,” Drees said. “Sometimes they fill in the missing blanks.”

Drees said he met with Weber’s parents and their attorney Wednesday and they were allowed to view the dashcam video and listen to Hauptman’s body recorder.

In his opinion, Drees said he believes the investigation went very quickly, taking only six weeks. Drees said the KBI had to conduct their interviews and prepare their reports for approval. They are then forwarded to the prosecuting attorney’s office.

“This was an important investigation, and it’s not something that is rushed just for the sake of having a quick answer,” Drees said.

The officers were not aware that the residence Weber stopped in front of was a state licensed day and residential service provider for people developmental disabilities and according to Drees the officers did not learn of that until after the incident had occurred.

According to Drees, during the investigation, it was determined Weber had been diagnosed with autism, anxiety disorder, intermediate explosive disorder and mild intellectual disability.

“You have to view this based on what the officer knew, what he was confronted with, what information he had from step-to-step and the decisions he made based on the knowledge he had,” Drees said.

Drees forwarded all questions regarding the current job status of Hauptman and the officer’s training to Hays Police Chief Don Scheibler.

Scheibler told Hays Post on Thursday that Hauptman remains on paid administrative leave until the completion of a Professional Standards Investigation conducted by the Kansas Highway Patrol.