TPD says self-defense possible in 45th St. bar homicide

13 News This Morning At 6AM
Published: Nov. 4, 2022 at 2:40 AM CDT|Updated: Nov. 4, 2022 at 2:30 PM CDT
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TOPEKA, Kan. (WIBW) - Topeka Police say they’ve talked to everyone believed to be involved in a Friday morning shooting at a South Topeka bar, and self-defense is a possible consideration.

One person was killed and another injured in the incident.

Topeka Police Department said a caller reported a disturbance and gunshots just before 2:30 a.m. Friday at 45th St. Bar in the 4600 block of SW Topeka Blvd.

Officers arrived to find Raymond Davis, 29, of Topeka dead, and another person wounded. The second victim is expected to recover.

By Friday afternoon, TPD said they identified everyone involved, and there was no ongoing threat to the community. They say the investigation is ongoing. Once complete, they’ll send their files to the District Attorney for review, with the possibility of a self-defense consideration.

A TPD K9 officer was also conducting an investigation about a half mile away from the bar at 49th St. & SW Topeka Blvd. where a traffic stop had occurred. Authorities confirmed to 13 NEWS that it is all part of their investigation into the shooting at 45th Street bar, but would not comment further at this time.

Topeka police say it’s the seventh crime reported at the bar this year following two aggravated assaults, two assaults, a robbery, and a drug possession.

We reached out to the DA’s office to see whether the bar would be declared a public nuisance.

“Pursuant to KSA 22-3901 et seq, the AG, city, county or District Attorney may initiate a “common nuisance” proceeding when a property is being used for certain criminal activity. Pursuant to KSA 22-3905, a person can be held criminally liable if there is evidence that the person is allowing the common nuisance to occur on the property,” says Shawnee County District Attorney, Mike Kagay.

“There are very specific types of crimes listed in the statute that must be proven before this type of proceeding can be initiated. Without speaking about any particular case, in order to initiate a “common nuisance” case, law enforcement would need to complete the investigations into the various incidents and present those to the AG, city, county or District Attorney. If there was sufficient evidence of the specific crimes in question, the reviewing agency could then initiate the nuisance proceedings.,” Kagay says.

In a statement City of Topeka Attorney, Amanda Stanley says the city will be looking into the future of the bar.

“The City of Topeka has not ordered the business to close or declared it a public nuisance at this time. In light of recent events, the city will be evaluating its options. Unfortunately, the City Attorney cannot schedule a meeting at this time because we would not want to interfere in any potential criminal action or be seen as prejudicing justice. If the City were to start a criminal nuisance proceeding, the process would start by filing for a Temporary Injunction asking a court to close the business while the City demonstrates to the court why the business meets the standards for criminal nuisance,” says Stanley.

A shooting was also reported at 45th Street bar a little over a month ago on September 23. Following that incident, the owner announced on Facebook she would be offering carryout dining services only.