A judge isn't so sure when police shot a Kansas man because he reached for a gun

555 Old repost, new news story A federal judge watching body cam video of a controversial police shooting in Topeka says it's not clear that a man was reaching for a gun when officers fired at him. As a result, the two police officers can be deposed as part of an ongoing civil lawsuit filed by the family of Dominique White, a black Topeka man who was shot and killed on Sept. 28, 2017. The homicide provoked outcries from some who questioned the department's use of force as well as its relationship to the community, particularly with people of color. Residents became increasingly angry as the Topeka Police Department refused to release information, including video, to the public. Months later, a death certificate revealed White was shot in the back. When the video eventually became public, it showed White was running away as the officers shot him. Public pressure eventually led to changes within the department and state law regarding access to body camera footage. Shawnee County District Attorney Mike Kagay declined to file criminal charges against the officers, who are white, contending that as White fled, his hand hovered over a pants pocket that contained a firearm. However the federal judge in the civil case wasn't as convinced. "The court has viewed both videos multiple times and finds the videos equivocal at best, on whether Mr. White reached for his gun," U.S. District Court Judge Daniel D. Crabtree wrote in an order earlier this month. Crabtree wrote that because the video can't on its own answer whether White could have been reaching for a gun, the shooting officers, Michael Cruse and Justin Mackey, can be deposed to determine their perceptions of White's movements and their decision making processes in discharging their weapons. In one video, White's hand motions are blocked by the officer's hands and gun. In the other video, "a reasonable jury could conclude that Mr. White momentarily lost his balance after spinning out of Officer Cruse's grasp, then moved his hand consistent with a running motion, but did not reach for his pocket," Crabtree said. The order also points out that Mackey said he fired because White had a gun and not because White reached for a gun. Asked about the lawsuit this past week, a spokesman for the Topeka Police Department issued a short statement by email. "We understand that this is part of the judicial process and we must allow the process to continue through its entirety," Topeka police Lt. Andrew Beightel said.

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