Hays Post
According to a news release issued Friday by the Ellis County Attorney’s office, no charges will be filed in a Nov. 8, 2016, officer-involved shooting north of Hays.
“Following an investigation by Ellis County Coroner Dr. Lyle Noordhoek, the Kansas Bureau of Investigation, the Ellis County Sheriff’s Office and the Hays Police Department, it has been determined that the deputy acted in self-defense — that he reasonably believed shooting the suspect was necessary to prevent his own death or great bodily harm,” the release said. “Therefore, no crime occurred and no charges will be filed.”
While the release did not name the victim, he was identified by the Lincoln Journal-Star as 18-year-old Kenton Kobza, David City, Neb. The Ellis County Sheriff’s deputy involved in the shooting also was not identified.
“The names of the suspect and the officer involved will not be released as disclosure would constitute a clearly unwarranted invasion of personal privacy,” the news release said.
Check Hays Post for more as details become available.
TEXT of the Dec. 8, 2017, news release:
(Summary) On November 8, 2016, at approximately 3:00 a.m., a motorist was stopped by Hays Police Officers in the 1800 Block of Vine Street for driving left of center (northbound in a southbound lane of travel). The driver initially complied with traffic stop then fled northbound in his vehicle at speeds in excess of 70 mph. The vehicle was being driven erratically and at a high rate of speed as it left Hays northbound on Highway 183. The vehicle was pursued by an Ellis County Sheriff’s Deputy (officer). The vehicle traveled in excess of 100 mph throughout the pursuit. The vehicle continued to be driven erratically, at one point entering the west ditch and returning to the roadway. As the vehicle attempted to pass a northbound vehicle, the driver lost control of the vehicle and entered the west ditch. The vehicle came to rest in a field approximately 1/3 of a mile south of the Ellis County/Rooks County line. The driver/suspect got out of the vehicle and approached the officer. The suspect initially complied with the officer’s command to lie on the ground. However, the suspect then stood up, confronted the officer and attacked the officer. During the struggle, the suspect was tased twice by the officer but continued the attack. The suspect knocked the officer to the ground. The suspect took the officer’s taser from him. The officer pulled his service firearm and ordered the suspect to get back. The suspect again attacked the officer and attempted to take the officer’s gun from the officer. The physical confrontation continued on the ground. The officer fired multiple shots striking the suspect. The suspect died at the scene. The officer was treated at Hays Medical Center for injuries he received during the altercation.
Following an investigation by Ellis County Coroner Dr. Lyle Noordhoek, the Kansas Bureau of Investigation, the Ellis County Sheriff’s Office, and the Hays Police Department, it has been determined that the deputy acted in self-defense – that he reasonably believed shooting the suspect was necessary to prevent his own death or great bodily harm. Therefore, no crime occurred and no charges will be filed.
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(Full Text) On November 8, 2016, at approximately 3:00 a.m. Hays Police Officers observed a vehicle traveling in the 1200 Block of Vine Street in Hays, Ellis County, Kansas. The vehicle was traveling northbound in a southbound lane of travel. The vehicle was swerving within the lane. The Hays Police officers made a traffic stop in the 1800 Block of Vine Street. The driver of the vehicle was acting erratic, striking the outside door of his vehicle with his hands. Backup officers were requested. The driver failed to follow the officers’ commands to stay in his vehicle and started to approach the officers. The driver then returned to his vehicle. He was told to remain in the vehicle. The driver then drove away and fled northbound through the City of Hays at a high rate of speed, in excess of 70 mph in the 3300 Block of Vine Street and reached 107 mph at the I-70 overpass on the north edge of Hays. A Deputy (officer) with the Ellis County Sheriff’s Office took over the pursuit at that point.
The pursuit on Highway 183 northbound continued for approximately ten minutes. The vehicle
was driven erratically and at speeds in excess of 100 mph, failing to maintain a single lane of travel. At one point the vehicle left the roadway, entered the west ditch (left of center) then returning back onto the roadway and continued northbound. The suspect vehicle attempted to pass an additional northbound vehicle on the right side in a passing lane. As the passing lane was nearing its completion, the suspect vehicle (in the right hand lane) turned sharply left, crossed all lanes of travel and entered into the west ditch approximately 1/3 of a mile south of the Ellis County/Rooks County line.
The driver/suspect walked out of the ditch and towards the Sheriff’s Deputy (Officer). The officer observed the suspect “growling and panting, making noises like an animal.” The officer ordered the suspect to the ground. The suspect did not immediately comply. The officer pulled his taser and ordered the suspect to the ground. The suspect then complied and laid on the ground. The officer waited for backup officers to arrive before attempting to handcuff the suspect. As the suspect lay on the ground, he started to get up and the officer again ordered him to lay on the ground. The suspect then got up off the ground and approached the officer. The officer fired his taser striking the suspect. The taser appeared to have little to no effect on the suspect. The suspect pursued the officer in a circular motion on the roadway and attempted to grab the officer. The officer performed a drive stun taser into the chest of the suspect. Again, the taser had little to no effect on the suspect. The suspect was able to wrestle the taser away from the officer and knocked the officer to the ground. The officer pulled his service firearm and ordered the suspect to get back, warning the suspect he would be shot if he approached the officer. The suspect continued to approach the officer. The suspect straddled the officer standing above him and reached for the officer’s firearm. The suspect grabbed the officer’s firearm with his right hand and struggled with the officer attempting to take the officer’s firearm. The officer pulled back his firearm and ordered “don’t grab my gun”. The suspect continued to grab for the firearm and the officer fired shots at the suspect. The suspect continued growling and continued to try to take the officer’s firearm from him. The officer fired additional shots. The suspect then loosened his grip on the firearm and the officer was able to pull his firearm back. The suspect collapsed on top of the officer. The officer pushed the suspect off of himself and the officer was able to get off the ground.
Hays Police Department backup officers arrived within 30 seconds of the shots fired. A Hays Police Department officer immediately began CPR but the suspect had died.
Dr. Lyle Noordhoek, coroner, performed the autopsy. Three gunshots struck the suspect. The gunshot wounds were close contact or close range shots. The significant different angles in which the bullets struck the suspect is consistent with the suspect and the officer struggling for the gun. The gunshot wounds caused the death of the suspect.
The legal issue involves answering the question – was the officer met with what he reasonably believed to be deadly force, thereby justifying the officer’s use of deadly force?
Kansas Statute Annotated 21-5227(a) states as follows:
“a law enforcement officer . . . need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. Such officer is justified in the use of any force which such officer reasonably believes to be necessary to affect the arrest and the use of any force which such officer reasonably believes to be necessary to defend the officer’s self or another from bodily harm while making the arrest. However, such officer is justified in using deadly force only when such officer reasonably believes that such force is necessary to prevent death or great bodily harm to such officer or another person . . .”
Having evaluated what the officer knew and observed, the officer did act in self-defense. When the suspect got off the ground and approached the officer, the officer first attempted to use a non-lethal force, tasing, which had no effect on the suspect. The probe taser and the drive-stun taser had no effect on the suspect. The suspect continued to pursue the officer, grabbed the taser from the officer and knocked the officer to the ground. The suspect then straddled the officer, while holding the officer’s taser, and proceeded to wrestle with the officer. The officer pulled his service firearm in self-defense and ordered the suspect away. The suspect continued to pursue the officer and struggled with the officer. The suspect grabbed the officer’s gun and was warned not to. As the suspect tried to wrestle the gun from the officer, the officer shot the suspect. The suspect continued to attempt to remove the officer’s firearm from the officer and was shot additional times. The officer reasonably believed he was being threatened with deadly force and the officer was justified in using deadly force in his self-defense. Therefore, no criminal charges will be filed stemming from this officer involved shooting.
The names of the suspect and the officer involved will not be released as disclosure would constitute a clearly unwarranted invasion of personal privacy. [K.S.A. 45-221(a)(30)].