Topeka officer-involved shooting deemed reasonable by DA

TOPEKA, Kan. (WIBW) - 13 News has learned the prosecutor determined the TPD officers who fired fatal shots at a Topeka man last October 13 were justified in the use of lethal force.

District Attorney Michael Kagay responded to a request from 13 News for a ruling on the shooting. Kagay provided a 15-page analysis on the Kansas Bureau of Investigation’s information.

Lowery is seen with a knife in the trailer home. — Lowery is seen with a knife in the trailer home.(Topeka Police Department)

According to Kagay’s report, the October 13, 2022 incident began with a police call that a man was breaking into a person’s mobile home, armed with a knife. Police were called to the scene and attempted to arrest Taylor Lee Lowery, but he fled the mobile home in an SUV. With officers following, he pulled into the Kwik Shop at 4500 SW Topeka Blvd.

Lowery is seen running through the Kwik Shop parking lot. — Lowery is seen running through the Kwik Shop parking lot.(Topeka Police Department)

Officials disarm Lowery in the Kwik Shop parking lot — Officials disarm Lowery in the Kwik Shop parking lot(Topeka Police Department)

Lowery lunges at officials toward the knife disarmed from him. — Lowery lunges at officials toward the knife disarmed from him.(Topeka Police Department)

Lowery again attempts to grab the knife disarmed from him. — Lowery again attempts to grab the knife disarmed from him.(Topeka Police Department)

The KBI investigation indicated Lowery attempted to pull a woman from her vehicle, and the incident became an attempted carjacking.

The report indicated officers shouted multiple times in attempts to take Lowery into custody, but Lowery raised a knife above his head and charged officers, who fired their service weapons, knocking him to the ground.

According to the report, Lowery then grabbed a socket wrench and was moving toward officers when he was shot a second time.

In the report Kagay submitted to WIBW TV, he indicated 5 officers fired a total of 34 rounds, initially and when he moved toward officers after being shot.

Kagay cited several points in his finding of justifiable force, including that Lowery was armed with a knife and advanced toward officers with that knife.

The DA said the KBI investigation indicated Lowery refused multiple lawful commands, attempted to commit an aggravated robbery and tried to pull a woman from her car. The report said Lowery continued to disobey commands and advance toward officers two times, the second time after being shot.

“It is the opinion of the District Attorney that the use of force applied by each of the five officers was reasonable and lawful. The involved officers placed themselves in imminent life-threatening danger,” Kagay wrote.

The DA said utilizing deadly force allowed the danger to be ended.

In his final summary, Kagy indicated the 5 officers were not criminally liable for their use of force and that he will not seek prosecution of the officers.

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