SALINA, Kan. (KSNW) — The Kansas Bureau of Investigation has wrapped up its investigation into a fatal shooting in Salina on July 24. Law enforcement officers shot and killed Jesse Wray, 25, after a tense standoff and while a garage was burning at the scene.
The KBI investigation included interviews with witnesses and first responders and studying video from body-worn, dashboard, and surveillance cameras.
On Friday, the KBI announced that it presented its final report to the Saline County Attorney, who said the evidence does not support charging the officers with any crime.
The incident happened in the 500 block of N. 12th, near Lincoln Avenue. A homeowner reported seeing a man in the garage just east of the home. Salina police officers entered the garage and arrested the man for an outstanding warrant.
The KBI says one of the officers saw Jesse Wray was also in the garage, pointing a gun at him. Wray had a warrant for his arrest, so officers retreated and called for more help.
More officers and the Kansas Highway Patrol arrived and were told that Wray had a gun. Law enforcement officers said Wray still refused to come out.
After some time passed, smoke and flames started coming from the garage, and the door began to open. A female came out with her hands up.
The KBI said Wray was behind her but ducked behind a parked truck where he crouched in what appeared to be a shooting stance, extending his hands in front of him toward officers.
Two Salina police officers fired nine rounds but did not hit Wray.
The KBI says Wray ran to the west side of the garage, where he ended up face-to-face with KHP troopers and another Salina officer. A trooper and the officer fired four shots, fatally wounding Wray.
Investigators said only 6.35 seconds passed from the gunfire at the front of the garage to the final shots on the west side.
The State Fire Marshal’s office investigated the fire and determined it was intentionally set. In the fire’s debris, investigators found a black BB gun that was manufactured to look like a revolver.
After the KBI gave its report to Saline County Attorney Jeffery Ebel, Ebel sent the KBI a letter with his decision about whether to charge the law enforcement officers.
“The video is clear that there is not a gun in his hand at this time [when Wray exits the garage and takes position, however, the gesture and body posture would lead any reasonable person to believe that a gun was being raised and pointed at officers,” Ebel wrote.
He also wrote that the trooper and officer on the west side of the garage heard the initial shots and believed that Wray had fired the shots since he had been seen with a gun.
“Under Kansas law, and the facts of the case, I conclude that the officers are immune from prosecution and no criminal charges can be filed against the officers because any reasonable officer would believe that the use of deadly force was justified,” Ebel said.