No charges against officers in shooting that left 25-year-old dead

SALINA, Kan. – The Kansas Bureau of Investigation (KBI) has completed its investigation into the July 24 officer-involved shooting that resulted in the death of Jesse Wray of Salina.

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

Findings showed that when Salina Police Department (SPD) officers named Larry Wray Jr. into custody on a warrant, an officer saw Jesse Wray standing in the detached garage and pointed a gun at him. Jesse Wray had a warrant out for his arrest, so the officers retreated and called for further assistance. Additional SPD officers and the Kansas Highway Patrol (KHP) arrived on scene and were notified that Wray was in possession of a firearm. Wray failed to comply with multiple orders to “come with your hands up” and similar directives.

After a while, officers saw smoke and flames coming from the garage and the garage door began to open. A female subject left the garage first, with her hands up, and Wray ran after her. Wray ducked behind a parked truck in the driveway, where he crouched in what appeared to be a shooting position, his hands extended in front of him toward the officers. Two SPD officers fired nine rounds, but Wray was not hit.

Wray then ran to the west side of the garage where KHP troopers and an SPD officer were positioned. He came face to face with them. A trooper and an SPD officer fired four shots, fatally wounding Wray. Only 6.35 seconds passed between the first gunfire at the front of the garage and the last shot on the west side.

The Office of the State Fire Marshal investigated the fire that occurred in the unattached garage. They determined that the fire had been deliberately set. A black BB gun, which had been manufactured to look like a revolver, was recovered from the fire-damaged garage.

On November 4, the KBI received a letter from Saline County Attorney Jeffery Ebel summarizing his review of the officer-involved shooting case. He stated: “It is clear from the video that at this time (when Wray leaves the garage and takes up position) he does not have a weapon in his hand. However, the gesture and body position would lead any reasonable person to believe that a weapon was used. lifted and aimed at officers.”

Referring to the subsequent shots fired by the trooper and the SPD officer, Attorney General Ebel determined: “Both officers stated they heard shots from a gun and both attributed those shots to Wray because they knew he had a gun and heard shouting.”

“Under Kansas law and the facts of the case, I conclude that the officers are immune from prosecution and that criminal charges cannot be brought against the officers because any reasonable officer would believe that the use of deadly force was justified,” said Ebel.