Police in Topeka killed Taylor Lowery in the midst of a mental health episode. His family has filed a lawsuit. (Douglas Sacha/Getty Images)
Our civic institutions depend on public trust. On belief.
But sometimes, what police ask us to believe strains credulity, such as officers shooting someone 34 times for holding a wrench. In the aftermath of such shootings, district attorneys rarely hold law enforcement accountable.
Consider the lawsuit filed recently on behalf of Taylor Lowery’s estate. What Lowery’s family experienced won’t boost public trust. LaRonna Lassiter Saunders, a lawyer for the family, said Shawnee County District Attorney Mike Kagay “put out a misleading report on the shooting.”
Kagay said he believed the report generated by his office was a thorough and accurate summary.
“If the given quote is accurate, we believe a reckless allegation would be a more accurate way to characterize her claim,” Kagay said. “As an attorney licensed in Kansas, Ms. Saunders should be aware of the consequences of making false statements, which can lead to criminal, civil and disciplinary ramifications.”
Lassiter Saunders shot back: “If it is indeed accurate, release the video! Threats don’t scare me … misrepresentations to the public do.”
This case involved Topeka police fatally shooting the 33-year-old Lowery on Oct. 13, 2022. Officers shot him 34 times, Lassiter Saunders said.
Lowery got out of the car after reaching a convenience store and rushed to a car where the door stood ajar. He began running around, with officers trying to surround him. The officers were trying to get control of a tense though controlled situation.
When officers with body cameras arrived, Lassiter Saunders said, Lowery had a wrench in his hand. That is contrary to the narrative from authorities who claimed Lowery was armed with a knife.
Not far away, Officer Malcolm Gillum had conducted a traffic stop and heard an “officers needing help” call go out over the radio, so he rushed to the scene. Gillum may have heard gunshots over the radio at some point in the transmission, Lassiter Saunders said.
She said tensions seemed controlled at the scene as officers tried to corral Lowery. So much so, that a detective, who wasn’t wearing a body camera, approached and pushed Lowery, and Lowery dropped the wrench.
Lassiter Saunders said Gillum’s arrival immediately escalated tensions. It was at about the time the detective pushed Lowery that Gillum began firing. The other officers began firing, too. At least two of the officers had not completed training, she said.
Topeka police and the Kansas Bureau of Investigations both issued news releases saying officers fired when Lowery advanced toward them while holding a knife, which isn’t true, according to court documents based on the body camera video.
A couple of things stood out to the lawyer.
First, “a detective pushed him,” Lassiter Saunders said. “No one is going to push him if he’s carrying a knife.”
Second, she said that Lowery never lunged, and other officers did not appear ready to shoot until Gillum arrived.
“Never at any point did he lunge,” Lassiter Saunders said. “In fact, he had his right foot behind him, looking as though he were about to run. The officers were not in, ‘Let’s shoot him,’ mode.”
But Gillum showed up, she said, “and started shooting.”
Gillum now works as a Kansas Highway Patrol officer, she said.
Dan Garrett, director of communications and media relations for the City of Topeka, said all of the involved officers were placed on administrative leave while the Kansas Bureau of Investigation reviewed the incident.
Kagay did not file charges against the officers.
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