LARNED, Kan. (KSNW) – The Kansas Bureau of Investigation (KBI) presented its findings to the Pawnee County Attorney’s Office on Feb. 17 following a formal investigation regarding an early morning incident of January 18, 2020, involving a Pawnee County Sheriff’s deputy.
Pursuant to the protocol, the Pawnee County Sheriff requested the KBI to handle the investigation due to the deputy having discharged his duty weapon.
Alejandro Alvarado-Avina, 21, of Lincoln, Nebraska, was the passenger in a vehicle that had been stopped on U.S. 56 for a traffic violation at approximately 1:30 a.m. on January 18, 2020. The deputy advised the two occupants of the vehicle that the deputy intended to search the vehicle due to an odor of marijuana. Alvarado-Avina fled on foot as the deputy attempted a routine pat-down of him. The suspect was later arrested by the KBI without incident in rural Pawnee County shortly after daybreak on January 18, 2020.
“After reviewing the dashcam video at real-time speed, and taking into consideration the information available to the deputy at the time, it is my professional opinion the deputy was entitled under current Kansas law to use deadly force for the purposes of self-defense. First, the deputy had a sincere and honest belief that his life was in danger and that it was necessary to use deadly force to defend himself. Secondly, a reasonable person in the deputy’s circumstances could have reasonably perceived the use of deadly force was necessary. Accordingly, charges are not appropriate against the deputy regarding the discharge of his duty weapon on January 18, 2020,” announced Pawnee County Attorney Douglas McNett.
No charges will be filed against the driver. Based on the KBI investigation, a three-count criminal complaint has been filed against Alvarado-Avina. The defendant is charged with (1) Criminal Possession of a Firearm by a Felon, to wit: a Glock .40 caliber handgun, a severity level 8 nonperson felony; (2) Interference with Law Enforcement, to wit: provided a false name to the deputy, a Class A nonperson misdemeanor; and (3) Possession of Marijuana, a Class B nonperson misdemeanor.
Alvarado-Avina is currently being held in the Finney County Jail on local charges. A first appearance has not yet been scheduled.