Sedgwick County district attorney Marc Bennett said there will be no charges in a case from last January where a Sedgwick County deputy shot and killed a suspect at a storage facility.

Deputies went to a facility in the 3300 block of South Hydraulic on January 28th to look for 55-year-old David Michael Bosiljevac, who had an outstanding felony warrant.  One deputy confronted Bosiljevac at a storage unit.    Bennett said Bosiljevac pointed what appeared to be a gun at a deputy, and the deputy fired 16 times.   Bosiljevac was hit at least nine times and died at the scene.    His gun turned out to be an air-soft pistol.

Bennett said under state law, anyone acting in self defense is immune from prosecution.  He said the state’s immunity statute says “if you are acting in self defense, you are immune, period.”   Bennett said it’s clear that the deputy believed he was acting in self defense when Bosiljevac produced a weapon, and ” objectively, anybody faced with somebody pulling a gun on them has a right to defend themselves.”

Bennett said after the shooting, someone contacted law enforcement and said Bosiljevac had a methamphetamine habit, and had earlier stated that if police tried to arrest him again, he wasn’t going back to prison.  He had said he would pull out a BB gun and let officers shoot him.    Bennett’s report said Bosiljevac had violated probation after a drug conviction, and that’s why deputies were looking for him on January 28th.

The deputy was not identified, but Bennett said the deputy had been with the Sheriff’s Office since 2001, working first as a detention deputy and then going to road patrol.