Sedgwick deputy cleared in fatal shooting of man who pulled out airsoft gun

The Sedgwick County deputy who fatally shot a man in January, shooting 16 times and hitting the 55-year-old at least nine after he pulled out an airsoft gun, was acting in self-defense, the Sedgwick County District Attorney’s Office said Friday.

District Attorney Marc Bennett said the deputy had one round left in the chamber and stopped firing after he saw David Bosiljevac slump over. The deputy, who was not named, along with another deputy and a bail bondsman went to arrest Bosiljevac after he failed to appear in court on a probation violation hearing for a drug-related case.

On Jan. 28, deputies went to arrest Bosiljevac at a storage unit on South Hydraulic after a tip from a woman who had previously been in a relationship with Bosiljevac and was a cosigner of his bond, Bennett said.

The woman said Bosiljevac had broken out her windows and threatened her, according to a 22-page report released by the DA’s Office. The day before, Bosiljevac showed her guns that she thought were real because they didn’t have a “red tip” on the ends.

Bosiljevac told the woman to meet him at the storage unit or he would hurt her roommate, the document says.

Instead, she called the bail bondsman. She told the bondsman Bosiljevac would at the facility in a “maroon colored vehicle that she believed to be stolen.” It was possibly a Ford Focus.

The bondsman contacted deputies in the active warrant division.

The first deputy arrived shortly before 1 p.m. and spoke with a bondsman from Big Fish Bail Bonds. The second deputy showed up shortly after.

The MaxSecure Storage facility at 3360 S. Hydraulic has one way in and out, Bennett said.

When deputies spotted the car, Bosiljevac was at the back of the vehicle standing next to an open storage unit.

“When Mr. Bosiljevac saw the deputies arrive in their respective vehicles, he ran to the driver’s side door of the maroon vehicle and entered the vehicle,” the DA’s report says.

One deputy approached on foot while another stayed in the vehicle, anticipating Bosiljevac would take off. The deputy had his gun drawn when he commanded Bosiljevac to exit.

“(The deputy) would later describe seeing Mr. Bosiljevac pull a ‘silver’ handgun from a brown holster or object of some kind that held the gun,” the document says. “(The deputy) then described seeing Mr. Bosiljevac point the silver handgun directly at him.”

Bennett did not know if Bosiljevac fired the airsoft gun.

The deputy fired 16 shots as he backed up; Bosiljevac was hit at least nine times, Bennett said.

The shots were fired in a few seconds, the document says.

“Our immunity statute says if you are acting in self-defense, you are immune. Period,” Bennett said. “For these reasons, this is not a particularly difficult set of facts.”

After the shooting, officers found the airsoft gun in the car between the driver’s seat and the door. Officers also found a bag with 9.5 grams of methamphetamine in Bosiljevac’s pocket. He also tested positive for meth, according to a toxicology report.

“It’s one more example of, I think, methamphetamine, the impact it has on people,” Bennett said. “Every time you all hear me speak for the last couple of years. What do I talk about? Methamphetamine. The impact it is having on this community. It’s one more example of a bad situation made infinitely worse and a life was lost. I’m not blaming it all on that. This is a guy who lived his life and managed to stay out of trouble for a long time until that found its way into his life.”

The district attorney didn’t know if the deputy was placed on administrative leave or the deputy’s status with the Sedgwick County Sheriff’s Office. He deferred those questions to the Sheriff’s Office.

The Sheriff’s Office did not respond to questions on Friday afternoon.

Bennett did say the deputy in the shooting had been with the Sheriff’s Office since around 2001.

Editor’s note: The driver’s side window of Bosiljevac’s vehicle was shot out. An earlier version of the story had incorrect information.

This story was originally published November 22, 2019 at 4:39 PM.