Officers cleared in 2019 fatal shooting in Wichita, district attorney says

Five Wichita police officers and five Sedgwick County deputies involved in a 2019 fatal shooting near south-central Wichita have been cleared of any wrongdoing, Sedgwick County District Attorney Marc Bennett said Tuesday.

Bennett, speaking about his 31-page report, said officers fired 46 rounds at 49-year-old Robert Sabater. A toxicology report found methamphetamine, amphetamine and phencyclidine, or PCP, in a sample of Sabater’s brain, he said.

Sabater had fired 32 rounds from a Glock 9 mm with an extended 30-round extended magazine before being shot by police, he said.

Bennett said Sabater ran from his house with the handgun and pointed it at officers, who opened fire.

“Based upon the totality of the circumstances, what I had found here in this report is that these officers and these deputies are immune from prosecution under Kansas law,” he said.

Sabater had called police twice — once saying someone was in his backyard and another time saying the people in his yard had guns — hours before neighbors called 911 saying they heard shots from inside Sabater’s house, Bennett said.

“His house had been flagged … by the police department given the number of calls he had made to 911 in the past,” he said. “Basically, he was known to have mental issues and be somebody who used illicit drugs to the point that he often became paranoid and frequently called 911 to complain that there were people in his house, or in his walls or in his backyard.”

Sabater called police at around 9 p.m. on May 26, 2019, and again a little after 11 p.m, officials said. A sergeant who had previously dealt with Sabater was able to talk him down after both calls.

Neighbors called about the shooting inside Sabater’s house at around 1:20 a.m.

After officers arrived, Sabater opened the door and shot anywhere between one and four bullets before shutting the door, Bennett said. He did that between four to six times. A Sedgwick County Sheriff’s Office sergeant fired back one of the times with “no effect.”

Sabater shot patrol cars and neighbors’ houses before running from the house, Bennett said. Police said he ran from the house at around 2 a.m.

Officers chased behind Sabater and gave “verbal commands” before Sabater turned and pointed a handgun at officers, who opened fire, Bennett said.

Bennett said there was a torrential downpour that night and it’s possible Sabater fired a round from the handgun and the shell was washed away. A bystander heard a single shot followed by a volley of shots, he said.

Bennett also didn’t know if Sabater was hit at that time. He fell and got back to his knees or feet before again raising his gun at officers — and a couple officers heard him say “just shoot me” — before he was fatally shot, he said.

Another handgun was found at Sabater’s home. Bennett said Sabater was a convicted felon, but he didn’t know if Sabater was allowed to possess a firearm when the shooting occurred.