6 July 2023
WICHITA, Kan. (KSNW) — A man arrested in connection to the shooting at City Nightz Sunday will not be charged by the Sedgwick County District Attorney’s Office and will be released from jail.
According to DA, the lead detective of the investigation into the shooting Sunday that injured 9 and left 2 trampled presented his results Thursday. The DA says the suspect, who was previously booked on suspicion of aggravated battery following the incident, was not charged after an intervening investigation. KSN News did not name the man held by authorities.
The DA’s office says they conducted a detailed analysis of video from inside the club showing that the man held appeared “to have fired a weapon in response to shots fired by two different gunmen within the bar.”
Based on the current status of the evidence, the DA says the suspect appears to have acted in self-defense of a third party.
The DA shared the law that controls their analysis:
21-5222. Same; defense of a person; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other’s imminent use of unlawful force.
(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.
21-5230. Same; no duty to retreat. A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person’s ground and use any force which such person would be justified in using under article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 2022 Supp. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and amendments thereto.
21-5231. Same; immunity from prosecution or liability; investigation. (a) A person who uses force which, subject to the provisions of K.S.A. 2022 Supp. 21-5226, and amendments thereto, is justified pursuant to K.S.A. 2022 Supp. 21-5222, 21-5223 or 21-5225, and amendments thereto, is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of such officer’s official duties and the officer identified the officer’s self in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, “criminal prosecution” includes arrest, detention in custody and charging or prosecution of the defendant.
(b) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (a), but the agency shall not arrest the person for using force unless it determines that there is probable cause for the arrest.
(c) A prosecutor may commence a criminal prosecution upon a determination of probable cause.
To overcome self-defense/ stand your ground immunity, the State must come forward with evidence establishing probable cause that the defendant’s use of force was not statutorily justified. “This generally means the State must show probable cause that (1) the defendant did not honestly believe the use of force was necessary or (2) a reasonable person would not believe the use of force was necessary under the circumstances.” State v. Phillips, 312 Kan. 643, Syl. 4 (2021).
Additional investigation and forensic analysis will continue into the shooting.
The DA says additional suspects are currently being sought after by law enforcement.
KSN will provide more information as it becomes available.