Kansas man gestured as if he had a gun before officers fatally shot him, officials say

A 25-year-old Salina man killed by officers on July 24 did not have a gun on him, but did make gestures that would “lead any reasonable person to believe” he had a gun, Saline County Attorney Jeffery Ebel said in a news release this week.

Jesse Dean Wray died at the scene after being shot by two officers.

The Kansas Bureau of Investigation, in an initial statement the day after the shooting, said “gunfire was exchanged” between Wray and officers before Wray was fatally shot. But after reviewing evidence that included video and body cam footage, it’s not believed Wray had a gun on him at the time of the shooting, according to a KBI news release issued Friday.

No charges will be filed against the Kansas Highway Patrol trooper or the Salina police officer who fatally shot Wray, Ebel said in the news release.

Here is what the KBI says happened:

Around 7:30 p.m., officers were called to 544 North 12th St. in Salina about arresting a wanted man, 44-year-old Larry Joseph Wray Jr. of Salina, who was in a detached garage east of the home.

Court records show he had a warrant for violating the terms of his probation in an aggravated battery case after failing to appear in court.

He was found in the garage and taken into custody. He is the father of the man killed by officers, the KBI said.

Jesse Wray was in the garage as well and, while his father was being arrested, pointed what appeared to be a gun at a Salina officer. A BB gun that had been made to look like a revolver was later found in the garage.

KBI spokesperson Melissa Underwood said a witness and the officer both verified that Jesse Wray had pointed the gun at the officer. She did not immediately reply to a question about whether the BB gun is the gun referred to as having been pointed at an officer.

Jesse Wray “also had a warrant for his arrest for violating probation in a case involving battery on an officer, interference with police and drug charges, court records show.

The officers retreated and called for backup.

Jesse Wray “did not comply with multiple commands to ‘come out with your hands up’ and similar directives,’” the KBI said in the news release.

Smoke and flames then came from the garage. The Office of the State Fire Marshal determined that the garage had been intentionally set ablaze.

A woman came out of the garage with her hands up and Jesse Wray “ran out behind her,” the release stated.

“Wray ducked behind a parked truck in the driveway where he crouched in what appeared to be a shooting stance, extending his hands in front of him and toward officers,” the release stated. “Two officers from (the Salina Police Department) fired nine rounds, but no rounds struck Wray.”

The release included an image that shows a shirtless man in that position. There is no gun in his hands.

Jesse Wray then ran west of the garage and came face to face with KHP troopers and a Salina officer. One trooper and a Salina officer fired four shots, killing him.

It was 6.35 seconds from the first to the final shots, the KBI said.

“Both officers stated they heard shots from a handgun and both attributed those shots to Wray, as they knew he had a gun and heard yelling,” Ebel said. “Under Kansas law, and the facts of the case, I conclude that the officers are immune from prosecution and no criminal charges can be filed against the officers because any reasonable officer would believe that the use of deadly force was justified.”