The Kansas Supreme Court says the state’s self-defense laws will not protect someone if an innocent bystander is injured. The ruling overturns a lower court decision in a case involving a Wichita police officer who fired a shot at a dog, and a fragment of a bullet struck a nine-year-old girl.
The incident happened in December, 2017 in the 1500 block of North Gentry. Officer Dexter Betts shot at a dog that he said was charging at him while he was investigating a domestic disturbance. A fragment of the bullet struck a child in the home. Betts was later fired by the Wichita Police Department as a result of the incident.
A Sedgwick County district court ruling determined that Betts had qualified immunity because he believed he was in danger. The state supreme court said the state’s “stand your ground” law is only for the use of force against a person or thing considered an aggressor.
Sedgwick County District Attorney Marc Bennett issued a statement saying, “After a lengthy analysis, the Court held there is no “blanket shield for reckless conduct injuring an innocent bystander who was not reasonably perceived as an attacker.” This settled a question that had been unsettled since the passage of the “stand your ground”/ self-defense immunity law in Kansas.”
Bennett said when the state supreme court issues a formal order, the case will go back to Sedgwick County District Court for further proceedings.
