SEDGWICK COUNTY —On March 6, 2024, at nearly the exact same moment, eight Wichita Police Department officers each used deadly force against Luis Rivera. Due to the multiple injuries, it cannot be determined which particular gunshot wound could be considered the fatal shot. Further, and for the same reason, it cannot be determined which particular officer(s)’ fired such fatal shot(s), according to a report released Monday by Sedgwick County District Attorney Marc Bennett.
However, under these particular circumstances, the inability to determine that information does not impact the assessment of criminal liability.
Under K.S.A. 21-5222(b), a person may employ deadly force when the person reasonably believes that deadly force is necessary to prevent imminent risk of great bodily harm to himself or another.
Since 2011, under the Kansas "stand your ground" law, one who acts in defense of himself or to protect a third party is immune from prosecution. See K.S.A. 21-5231. Meaning, a person may not be charged or prosecuted unless the state can establish that the person who utilized deadly force was not acting reasonably under the circumstances. In Graham v. Connor, the United States Supreme Court made clear that assessment as to the reasonableness of an officer’s decision to utilize deadly force must be made within the context in which the officer found himself – not from the perspective of “20/20 hindsight.”
The investigation established that while apparently suffering from mental depression and having consumed amphetamine and methamphetamine, Mr. Rivera entered a thirdparty’s residence, threatened the residents with a handgun, forcibly took the cell phones of others, and forced one resident to remove his clothes so that Mr. Rivera could confirm that the resident was not a police officer wearing a recording device.
When officers arrived, Rivera walked out of the residence with a handgun to his head and, despite repeated orders to stop and drop the weapon, proceeded to lead officers on a 10-minute foot pursuit to 21st Street and Arkansas, all the while threatening to shoot himself and to shoot the officers. When officers attempted to disarm Mr. Rivera with a less lethal foam projectile, Mr. Rivera pointed his handgun at the officers and fired 3 times.
Eight different law enforcement officers reacted to the situation, determined that when Rivera turned toward the gathered officers and fired his handgun three times, that his actions posed an immediate threat to them and to the other officers stationed in the area, and they each made the near-simultaneous decision to fire their respective weapons. That all eight officers made the same decision to shoot in the same moment, without coordination or communication with one another in the moment, speaks to the reasonableness of their individual assessments and the reasonableness of the determination that a lethal risk was posed by Rivera.
Under the totality of the circumstances, all eight officers are immune from prosecution under Kansas law.
Under Kansas law and the facts of the case, conclude that no criminal charges will be filed
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SEDGWICK COUNTY —Law enforcement authorities are investigating fatal officer involved shooting that occurred on March 6, in the area of 21st Street North and Arkansas in Wichita.
Just before 8p.m. Wednesday, Sedgwick County 911 received a call reporting someone was in a house pointing a gun at another person in the 2300 block of North Fairview, according to Sedgwick County Sheriff Lt. Nathan Gibbs.
The suspect left the residence prior to the officer’s arrival. Several Wichita Police Officers arrived in the area at approximately 7:54 PM and located a man later identified as 35-year-old Luis A. Rivera, in the street holding a gun to his head, according to Gibbs.
Officers attempted to talk to Rivera and get him to put the gun down. He walked away from the officers, going south on Fairview, still holding a gun to his head and yelling at the officers.
Some officers followed Rivera on foot while others followed in police vehicles. A Crisis Negotiator was on scene and utilized the patrol car’s public address speaker to communicate with Rivera and ordered him to drop the gun.
Rivera walked west on 21st Street, continuing to hold the gun to his head and refusing to comply with the multiple requests to drop the gun. Other officers in the area attempted to divert traffic on 21st street to reduce the danger to the public, officers, and Rivera.
At approximately 8:04 PM a supervisor requested less lethal munitions as Rivera walked to a parking lot of a vacant building at 21st and Arkansas. An officer deployed a less lethal 40mm foam projectile, striking the suspect in the back in an attempt to have him comply.
While the officer was announcing the deployment of the less lethal round, Rivera stated he was going to make it lethal. Rivera turned toward the officers, leveling his gun toward the officers, and fired multiple rounds. Eight officers returned fire and struck Rivera multiple times.
Officers rendered aid to Rivera until the Wichita Fire Department and Sedgwick County EMS arrived on scene at approximately 8:14 PM. Rivera was pronounced dead on scene at approximately 8:21 PM.
No officers were injured during this incident.