Two Lenexa police officers won’t face charges for a shooting in an apartment parking lot this summer that left a Grandview, Missouri, man dead.
On Thursday afternoon, Johnson County District Attorney Steve Howe announced two officers won’t be charged for the June 22 officer-involved fatal shooting of Jose Enrique Cartagena Chacon, 25.
During the press conference at the Johnson County Courthouse in downtown Olathe, Howe detailed his decision using photos, video footage and a map of the apartment complex in Lenexa where the shooting took place.
In a brief statement at the press conference, Lenexa Police Chief Dawn Layman expressed her grief for Chacon’s family and explained Lenexa Police’s use of force protocols.
In the early morning hours of June 22, Chacon was shot and killed after two police officers responded to a call of a person with a gun at the Lenexa Crossing Apartments, 12445 W. 97th Terrace.
Initial police reports described the person as an “armed individual.”
The district attorney’s office and the Lenexa Police Department released a recording of the 911 call and police officer body camera and vehicle footage of the shooting after the press conference. A link to the video can be found here. (Warning: Some readers may find segments of the footage disturbing.)
Chacon was carrying a pellet gun
At the press conference, Howe detailed his decision to not charge the officers, who remained unidentified.
At about 3 a.m. the Lenexa Police Department received a call of an armed disturbance at the apartment complex.
Through an interpreter, a Spanish-speaking woman said a man, who officers later identified as Chacon, was pointing a handgun at another man, who was later identified as the woman’s boyfriend, according to the district attorney’s report.
After the shooting, investigators identified the gun in Chacon’s hand as an unloaded Co2-powered pellet gun.
Two Lenexa police officers arrived, with one, referred to as “Officer A,” going up to the driver’s side of a Volkswagen Jetta, thinking he was making contact with the victim.
Instead, he told investigators, he was “surprised” to see it was Chacon, who was sitting in the car with what the officers thought was a black handgun in his lap.
At the same time, the other officer, referred to as “Officer B,” approached the passenger’s side door and saw Chacon, according to Howe.
While at the driver’s window, “Officer A” observed the gun in the driver’s lap, then pointed his handgun at the driver and began issuing orders to put his hands up.
During the press conference, Howe said he didn’t know if Chacon understood English.
In the body cam video footage, police officers are heard shouting orders, and within a few seconds, Chacon picks up the pellet gun with his right hand and brings it off his lap, with the barrel pointed at the driver’s side door.
At the same time, both officers order Chacon to put his hands up. Chacon then shifts in his seat and moves his hand, while holding the handgun, toward the right side of the vehicle.
“Officer A” then fires eight rounds in succession, and both officers back away from the vehicle. In all, the exchange takes about 10 seconds.
Lenexa firefighters and Johnson County Med-Act paramedics were then called to the complex at 3:05 a.m. for a person injured in a shooting.
Chacon was transported by Johnson County Med-Act to a nearby hospital and was later pronounced deceased.
After the shooting, the officers were placed on paid administrative leave, which is standard in an officer-involved shooting.
Both officers are back on duty, Layman said Thursday.
Following Howe’s decision, “Officer A,” who has been working in a modified, non-patrol duty capacity, will return to patrol duties. “Officer B,” who did not discharge their weapon, returned to regular duty about a week after the incident, Layman said.
Chacon’s family said they’re looking to sue the police and city
Following Howe’s press conference, Thomas Bowers and Quinn Rallins, attorneys representing Chacon’s family, spoke with the media outside of the courthouse, expressing their dissatisfaction with no charges being filed.
“It’s pretty clear that the shooting is not justified,” Bowers said. “I don’t think the police announced themselves when they came up to the door. They’ve got a light shining in the young man’s face. You’re not giving him enough time to obey your commands.”
In the coming months, the two attorneys said they will look into possibly suing the Lenexa Police Department, the officers and possibly the city, Rallins said.
“We’re going to sue all the officers that we believe are involved and Lenexa as a city,” Rallins said. “Part of this is that we’re allowed to sue the city if we believe there’s a pattern in practice … We know this isn’t just an isolated thing, but these things happen in these communities all the time, and this is an opportunity not just to get justice for their family member, but get justice for the community writ large.”
In August, the family and different attorneys who were representing them at the time viewed footage of the shooting, a relative of Chacon’s family, who asked not to identified, told the Post.
Lenexa Police tried to release footage early
The city of Lenexa released a briefing video on Thursday afternoon, shortly after the press conference with the district attorney’s office ended. The video can be viewed here.
The video includes body camera footage of the officers on scene at the shooting, as well as an introduction from Layman, who described the incident, expressed her condolences for everyone involved and shared her commitment to supporting the two officers involved in the shooting.
“Loss of life is always tragic, and we recognize the impact this has on everyone involved,” Layman said, noting that she has personally maintained contact with Chacon’s family throughout the investigation. “Our thoughts are also with the two civilian victims in this case, both of whom feared for their lives during the incident, including the woman who courageously called 911 to report what she witnessed.”
In the video, the city of Lenexa stated it was prepared to release the footage in June, but waited at the request of the district attorney’s office.
This story was originally published by the Johnson County Post.
