Harvey County officers cleared in 2017 shooting

NEWTON, Kan. (KSNW) - The Harvey County Attorney's Office has cleared two law enforcement officers involved in the fatal shooting of a man in February 2017.

David Yoder said in his report that two Newton Police Department officers were justified in the deadly shooting of 33-year-old David Montano on February 23.

Yoder's report said between 12:33 and 12:37 a.m. officers from the Newton Police Department, Harvey County Sheriff's Office, North Newton Police Department and the Hesston Police Department originally responded to an interrupted 911 call in the 2100 block of N. Spencer Rd. in Newton. When they arrived at the scene, they discovered three victims had been killed at the residence. They identified the suspected shooter as 33-year-old David Montano.

Later that night, two Newton Police Department corporals located Montano who was pointing a shotgun in their direction. Yoder said in his report one of the corporals, who knew that Montano had already killed one person that night and was swinging a sawed-off shotgun at the other corporal, was justified in shooting Montano multiple times. 

Montano was transported to the Newton Medical Center where he was later pronounced dead.

Yoder said in his report, "The fatal shooting of David Montano by Cpl. Levi Minkevitch was entirely
warranted and justified under the circumstances in which he was presented during the
early morning hours of February 23, 2017."

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