By Corey Jones
Topeka Capital-Journal
TOPEKA, Kan. — The Shawnee County District Attorney’s Office has cleared two Topeka police officers of wrongdoing in the fatal shooting earlier this month of a 44-year-old Topeka man armed with a knife.
District Attorney Chad Taylor in a news release Thursday said the officers “acted lawfully and within their rights.”
James Nephew was shot by the officers early Oct. 6 when they responded to an aggravated assault in progress call at 410 S.W. 13th.
Sherie Bowers, Nephew’s sister, said she was “highly upset” with prosecutors electing not to file charges, though she said she wasn’t surprised.
The family has a meeting Friday with a lawyer, Bowers said, because they want to file a wrongful death lawsuit for what she termed the “murder” of her brother by “trigger-happy” police officers.
“I want justice for my brother,” Bowers said. “He didn’t deserve to die that way. Nobody deserves to die that way.
“I’m never going to get over it.”
Police spokeswoman Kristen Veverka said the police department will conduct its own administrative personnel investigation into the case.
The two officers have been on administrative leave following the incident.
“We are expecting the officers to be back on the street within a few days,” she said.
Nephew was Topeka’s 15th homicide of 2011 and the second officer-involved shooting fatality. The city has seen 16 homicides so far this year.
The Shawnee County Sheriff’s Office, which investigates Topeka police-involved shootings as standard procedure, said two officers approached the residence and “heard a disturbance” inside.
Sheriff’s officials said Nephew came to the door “wielding a knife” after the officers attempted to make contact with people inside the home.
The two officers shot Nephew, sheriff’s officials said, after he “failed to comply” with the officers’ instructions.
An American Medical Response ambulance transported Nephew to a local hospital, where he died.
The other officer-involved shooting this year was that of Bruce Cain, 50. He was killed by seven bullets from officers’ weapons about 5 a.m. Jan. 13 near S.W. 37th and Topeka Boulevard. Cain was wielding a replica handgun.
The officers were cleared by the district attorney’s office of wrongdoing in Cain’s death.
Copyright 2011 The Topeka Capital-Journal