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Officers immune in shooting death of unarmed Salina man, according to county prosecutor
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Officers immune in shooting death of unarmed Salina man, according to county prosecutor

SALINA, Kan. (KWCH) – No charges will be filed against officers who shot and killed a man July 24 in Salina.

The Kansas Bureau of Investigation (KBI) investigated the death of Jesse Wray, of Salina. It included reconstruction of the shooting, forensic testing of evidence, interviews with witnesses and first responders, an autopsy and a review of video footage, including body-worn cameras, dash cams and surveillance video.

After the investigation was completed, the information was handed over to the Saline County Prosecutor’s Office. On Nov. 4, the KBI said it received a letter from Saline County District Attorney Jeffery Ebel summarizing its review of the officer-involved shooting case.

On July 24, officers from the Salina Police Department arrested Larry Wray Jr. on the basis of a mandate. During that time, an officer saw Jesse Wray inside a detached garage pointing a gun at him. Jesse Wray had a warrant for his arrest, so the officers backed off and called for extra help.

Other SPD and Kansas Highway Patrol (KHP) officers arrived on scene and were notified that Wray had a firearm. The KBI said Wray disobeyed multiple orders to “get out with your hands up” and similar directives.

After some time, the police saw smoke and flames coming from the garage. The garage door opened and a woman came out with her hands up. Wray ran after her. The KBI said Wray ducked behind a truck parked in the driveway, where he crouched down in what appeared to be a shooting position, holding his hands out in front of him and toward the officers. Two SPD officers fired nine rounds, but none hit Wray.

Wray then ran to the west side of the garage where KHP troopers and an SPD officer were positioned. He came out face to face with them. A trooper and an SPD officer fired four shots, killing Wray. It was only 6.35 seconds from the initial fire in front of the garage to the last shots being fired on the west side.

The Office of the State Fire Marshal investigated the fire in the detached garage and determined it was intentionally set. A black BB gun, which was made to look like a revolver, was recovered in the fire-damaged garage.

“The video is clear that he does not have a gun in his hand at this point (when Wray exits the garage and takes a stand),” Ebel said. “However, the gesture and body posture would lead any reasonable person to believe that a weapon was being raised and pointed at the officers.”

Regarding the subsequent shots fired by the trooper and the SPD officer, Ebel said, “Both officers stated that they heard gunshots and both attributed those shots to Wray because they knew he had a gun and heard scream.”

“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.