Prosecutor clears cops who killed man that faked holding a weapon

Cameras caught Jesse Wray’s position before the first shots were fired./KBI media release

SALINA – After a KBI investigation, a Saline County prosecutor has cleared two law officers of wrongdoing after they shot and killed a man who feigned that he had a weapon in his hands during an altercation at a Salina residence.

The Kansas Bureau of Investigation (KBI) completed its investigation into the July 24 officer-involved shooting resulting in the death of Jesse Wray, of Salina. 

A KBI press release said the agency’s investigation included shooting reconstruction, forensic testing of evidence, interviews of witnesses and first responders, autopsy, and a review of video footage including body-worn cameras, dashboard cameras, and surveillance videos. These investigative efforts resulted in a thorough understanding of the events of this critical incident, the release said.

Findings indicated that when officers from Salina Police Department (SPD) took Larry Wray Jr. into custody on a warrant, an officer saw Jesse Wray inside the detached garage, pointing a gun at him. Jesse Wray had a warrant for his arrest, so officers retreated and called for further assistance. Additional SPD officers and the Kansas Highway Patrol (KHP) arrived on scene, and were made aware that Wray was in possession of a firearm. Wray did not comply with multiple commands to “come out with your hands up” and similar directives.

After a period of time, officers observed smoke and flames coming from the garage, and the garage door began to open. A female subject exited the garage first, with her hands up, and Wray ran out behind her. Wray ducked behind a parked truck in the driveway where he crouched in what appeared to be a shooting stance, extending his hands in front of him and toward officers. Two officers from SPD fired nine rounds, but no rounds struck Wray. 

Wray then ran to the west side of the garage where KHP troopers and a SPD officer were positioned. He emerged face-to-face with them. A trooper and an SPD officer fired four shots, fatally wounding Wray. Only 6.35 seconds passed from the initial gunfire at the front of the garage to the final shots on the west side.

The Office of the State Fire Marshal investigated the fire that occurred in the unattached garage. The office determined the fire was intentionally set. A black BB gun that was manufactured to look like a revolver was recovered inside the fire-damaged garage.

On Nov. 4, the KBI received a letter from Saline County Attorney Jeffery Ebel summarizing his review of the officer-involved shooting case. He stated, “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.”

In reference to the subsequent shots fired by the trooper and SPD officer, County Attorney Ebel determined, “Both officers stated they heard shots from a handgun and both attributed those shots to Wray, as they knew he had a gun and heard yelling.”

“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,” said Ebel in the press statement.

Dane Hicks

Editor | hicks@kaninfo.com

Dane Hicks is a graduate of the University of Missouri School of Journalism and the United States Marine Corps Officer Candidate School at Quantico, VA. He is the author of novels "The Skinning Tree" and "A Whisper For Help." As publisher of the Anderson County Review in Garnett, KS., he is a recipient of the Kansas Press Association's Boyd Community Service Award as well as more than 60 awards for excellence in news, editorial and photography.