Charges will not be filed against four law enforcement officers as a result of the February 6, 2012, shooting death of 53-year-old Darren James Baker of Wichita. Officers with the Goddard Police Department, Andale Police Department, Mount Hope Police Department and the Sedgwick County Sheriff’s Department were involved in the shooting. Baker was apparently unarmed.

Reno County District Attorney Keith issued a news release on his findings Friday. He says in that report that on that day, Baker was observed running a stop sign at the intersection of 183rd Street West and Maple in Sedgwick County. The traffic violation was captured on a Goddard Police Department patrol car video camera at 1:43 p-m. A chase ensued over the next 22-minutes leading into Reno County. The chase ended in the 3800 block of Parallel Road near Yoder.

During the course of the chase, speeds of the involved vehicles were more than 100 m-p-h. and Baker ran at least eight stop signs. During the chase, it was discovered the white 1992 Buick passenger car being operated by Baker had been carjacked from a 62-year-old man in the 2500 block of West Douglas in Wichita at 12:15 p-m, that day. Baker told the man, “A lot of people have been killed for their cars, let go”. During the chase, officers were informed by a police dispatcher that a possible weapon was in the vehicle. Baker was observed pointing an object at his head that officers believed to be a gun.

An investigation by the Kansas Bureau of Investigation involved interviews of several people closely familiar with Baker. He had a history of drug abuse. The day before, witnesses said he appeared paranoid and didn’t look like he had slept in several days. A family member took a shotgun away from him when he pointed it at his chin in a suicidal gesture and made statements indicating he wanted to hurt himself.

Near the 3800 block of Parallel Road, the white Buick suddenly slowed to a speed of approximately 20 m-p-h. Baker could be seen fidgeting inside the car. At one point, he slumped over and the vehicle veered toward the ditch on the opposite side of the road. Pursuing officers thought he may have shot himself. He then corrected the path of the car and stopped in the correct lane of travel. Baker got out of the driver’s side door.

Four police officers drew their weapons and pointed them at Baker. He leaned against the driver’s side of the car facing toward the car and appeared to be doing something with his hands. The incident was videotaped according to Schroeder. He seemed unconcerned about the situation and refused at least ten commands to take his arm out of the vehicle.

At one point, he dropped something on the ground and bent over to retrieve it. The item appeared on video to be similar to a gun’s magazine clip. Several officers were convinced they saw an object they believed to be a gun in his hand. Despite the repeated commands to show his hands, he refused to comply and glanced over his shoulder at the law enforcement officers.

Baker then made a gesture as though cross-drawing a firearm from his left side and suddenly pointed his hand directly at the officers. All four officers discharged their weapons and Baker was killed. A flip-style cellular phone was later found under his body. The phone was determined to belong to the lawful owner of the stolen car. The investigation revealed Baker had not made or received any telephone calls on the phone.

As specified in K.S.A. 21-5222, it is Kansas law that a person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believe that such use of force is necessary to defend such person or a third person against such others imminent use of unlawful force. A person is justified in the use of deadly force under these circumstances if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

After review of the investigation and video recordings associated with the incident, Schroeder says no charges will be brought against any of the four law enforcement officers involved in the shooting death of Baker. He says he believes all four perceived the same threat and fired at the same time. He says, “the shooting, although tragic, appears justified under Kansas law.”