Four officers placed on leave after off-duty shooting
Two brothers injured in early-morning incident
By Ann Marie Bush
The Capital-Journal
Published Wednesday, March 19, 2008
Two brothers lay seriously injured in a Topeka hospital and four Topeka police officers were placed on administrative leave in the wake of a shooting early Tuesday in a southwest Topeka neighborhood.
"I have a lot more questions than answers at this point," said Shawnee County Sheriff Dick Barta, whose department has been asked by the police department to investigate the shooting, which involved off-duty police officers. "I think everybody does."
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Brown said Police Chief Ron Miller chose to have the Shawnee County Sheriff's Office investigate Tuesday's officer-involved shooting to ensure the public the investigation was conducted fairly.
The investigation into what happened at 7418 S.W. 25th, a residence neighbors refer to as a party house, may take weeks, Barta said.
What is known from official sources is that on-duty officers were dispatched to the residence twice earlier Tuesday to respond to complaints of loud music.
However, a brother of the two men who were shot attributed the violence to the off-duty officers.
Damien Llamas, 24, of Topeka, said he and two of his brothers, Devin, 18, and Daniel, 27, were talking on the porch of Daniel Llamas' house at 7418 S.W. 25th early Tuesday morning when they were approached by three men and a woman from a house down the street.
The woman told the three they needed to be quiet and also used derogatory comments, Llamas said. Daniel Llamas, the owner of the house, told the four to leave.
"The argument led to a fight," Damien Llamas said.
During the altercation, one of the four broke away from the fight and drew a gun, he said. That is when Daniel Llamas ran into his house to get his gun.
"All my brother was doing was protecting his family," Damien Llamas said. "We were just having a St. Patrick's Day party, minding our own business. They shot him first. The second shot was for no reason."
He said his younger brother, Devin, didn't have a gun, but officers shot him anyway.
"They never said they were police officers — not once," Damien Llamas said.
He said the officers didn't pull out their badges until after the shots were fired.
The sheriff's and police department weren't releasing much information because the shooting was still under investigation, both departments said Tuesday evening.
Attempts to contact Barta later Tuesday, after The Topeka Capital-Journal had interviewed Damien Llamas, were unsuccessful.
Damien Llamas said seven people, including himself, were taken into custody Tuesday morning but were released without charges.
The Llamas brothers are in stable condition at a Topeka hospital, Damien Llamas said.
Early Tuesday, police Maj. John Sidwell said officers were called to the house at about 1:22 a.m. to check on a complaint of loud music. All was quiet when they left the area, he said.
Twenty minutes later, police responded to the same address in response to a second complaint call. When officers arrived the second time, Sidwell said, they found the volume of the music had been turned down.
Then, shortly before 3 a.m., police dispatchers received a call that there had been a shooting at the scene involving an off-duty officer. When police arrived, Sidwell said, they discovered that two men — a 27-year-old and an 18-year-old — had been shot.
The names of the police officers involved weren't released Tuesday. Police Chief Ron Miller and Barta said after the investigation is complete, it will be up to the district attorney's office whether the officers' names will be released.
Although the police department requested the sheriff's office conduct a criminal investigation of the incident, the police department is conducting an administrative review to determine if all department policies or procedures were followed in the use of a firearm.
Sheriff's deputies spent a large portion of Tuesday morning collecting evidence outside the house. There were several areas of blood-soaked grass in the front yard, as well as a shirt and other debris. Sgt. Chris Keys, of the sheriff's office, placed small yellow flags in areas of the yard to designate evidence.
Some neighbors peered from windows and others ventured outside to watch as the investigation continued.
"I heard one boom," said Glen Venhaus, who lives directly across from the house where the shooting occurred. "It was exactly eight minutes until three. It sounded like something hitting the west side of my house."
Shortly, Venhaus said, more than 15 police cars, as well as a fire truck and an ambulance, lined the street. One officer trying to get through in his patrol car became stuck in Venhaus' yard and had to be removed by a tow truck. There were deep ruts cut into the ground by Venhaus' sidewalk.
"The police cars swarmed in," he said.
Venhaus watched from inside his home. He said two people were lying in the grass — one by a large rock in the yard and another by a tree. Venhaus watched as the two people were loaded onto gurneys and taken to the hospital.
Venhaus, who has lived in the neighborhood for eight years, said the neighborhood is relatively quiet except for the parties at the house where the shooting occurred. He described Llamas as a good neighbor who oftentimes has parties.
Damien Llamas acknowledged that his brother does have parties. He said the family is Hispanic and filled with young people, so they enjoy getting together.
Shane Shibest watched the action from the street Tuesday morning.
He was in the neighborhood to check on his mother, Lynn Shibest, who lives next door to the crime scene.
"When they moved in, that's when it got rowdy," Shibest said of his mother's neighbors. "But they've always been nice."
Shibest's mother called him early Tuesday morning to tell him what was going on. Shibest said his mother heard gunfire early Tuesday morning but didn't think too much of it because she has said her neighbors often shoot guns into the air and have loud parties.
Ran "Sam" Zhang, an 18-year-old Topeka West senior, was asleep in his room at his parents' home when the commotion started. Zhang's room is in the front of the house close to where the shooting happened. At 2:30 a.m., Zhang said, he heard a loud male voice.
"I started listening," Zhang said.
He said he looked for something to record the shouting with but couldn't find anything.
Then another voice, that of a woman, told someone to turn down the music.
"Then I heard shots," he said.
Zhang has lived in the house for 18 months. He said his neighbors have lots of parties and play their music loud. He also has seen children playing in the front yard.
"I was nervous," Zhang said. "Human life is too easy to take away."
Two brothers injured in early-morning incident
By Ann Marie Bush
The Capital-Journal
Published Wednesday, March 19, 2008
Two brothers lay seriously injured in a Topeka hospital and four Topeka police officers were placed on administrative leave in the wake of a shooting early Tuesday in a southwest Topeka neighborhood.
"I have a lot more questions than answers at this point," said Shawnee County Sheriff Dick Barta, whose department has been asked by the police department to investigate the shooting, which involved off-duty police officers. "I think everybody does."
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Brown said Police Chief Ron Miller chose to have the Shawnee County Sheriff's Office investigate Tuesday's officer-involved shooting to ensure the public the investigation was conducted fairly.
The investigation into what happened at 7418 S.W. 25th, a residence neighbors refer to as a party house, may take weeks, Barta said.
What is known from official sources is that on-duty officers were dispatched to the residence twice earlier Tuesday to respond to complaints of loud music.
However, a brother of the two men who were shot attributed the violence to the off-duty officers.
Damien Llamas, 24, of Topeka, said he and two of his brothers, Devin, 18, and Daniel, 27, were talking on the porch of Daniel Llamas' house at 7418 S.W. 25th early Tuesday morning when they were approached by three men and a woman from a house down the street.
The woman told the three they needed to be quiet and also used derogatory comments, Llamas said. Daniel Llamas, the owner of the house, told the four to leave.
"The argument led to a fight," Damien Llamas said.
During the altercation, one of the four broke away from the fight and drew a gun, he said. That is when Daniel Llamas ran into his house to get his gun.
"All my brother was doing was protecting his family," Damien Llamas said. "We were just having a St. Patrick's Day party, minding our own business. They shot him first. The second shot was for no reason."
He said his younger brother, Devin, didn't have a gun, but officers shot him anyway.
"They never said they were police officers — not once," Damien Llamas said.
He said the officers didn't pull out their badges until after the shots were fired.
The sheriff's and police department weren't releasing much information because the shooting was still under investigation, both departments said Tuesday evening.
Attempts to contact Barta later Tuesday, after The Topeka Capital-Journal had interviewed Damien Llamas, were unsuccessful.
Damien Llamas said seven people, including himself, were taken into custody Tuesday morning but were released without charges.
The Llamas brothers are in stable condition at a Topeka hospital, Damien Llamas said.
Early Tuesday, police Maj. John Sidwell said officers were called to the house at about 1:22 a.m. to check on a complaint of loud music. All was quiet when they left the area, he said.
Twenty minutes later, police responded to the same address in response to a second complaint call. When officers arrived the second time, Sidwell said, they found the volume of the music had been turned down.
Then, shortly before 3 a.m., police dispatchers received a call that there had been a shooting at the scene involving an off-duty officer. When police arrived, Sidwell said, they discovered that two men — a 27-year-old and an 18-year-old — had been shot.
The names of the police officers involved weren't released Tuesday. Police Chief Ron Miller and Barta said after the investigation is complete, it will be up to the district attorney's office whether the officers' names will be released.
Although the police department requested the sheriff's office conduct a criminal investigation of the incident, the police department is conducting an administrative review to determine if all department policies or procedures were followed in the use of a firearm.
Sheriff's deputies spent a large portion of Tuesday morning collecting evidence outside the house. There were several areas of blood-soaked grass in the front yard, as well as a shirt and other debris. Sgt. Chris Keys, of the sheriff's office, placed small yellow flags in areas of the yard to designate evidence.
Some neighbors peered from windows and others ventured outside to watch as the investigation continued.
"I heard one boom," said Glen Venhaus, who lives directly across from the house where the shooting occurred. "It was exactly eight minutes until three. It sounded like something hitting the west side of my house."
Shortly, Venhaus said, more than 15 police cars, as well as a fire truck and an ambulance, lined the street. One officer trying to get through in his patrol car became stuck in Venhaus' yard and had to be removed by a tow truck. There were deep ruts cut into the ground by Venhaus' sidewalk.
"The police cars swarmed in," he said.
Venhaus watched from inside his home. He said two people were lying in the grass — one by a large rock in the yard and another by a tree. Venhaus watched as the two people were loaded onto gurneys and taken to the hospital.
Venhaus, who has lived in the neighborhood for eight years, said the neighborhood is relatively quiet except for the parties at the house where the shooting occurred. He described Llamas as a good neighbor who oftentimes has parties.
Damien Llamas acknowledged that his brother does have parties. He said the family is Hispanic and filled with young people, so they enjoy getting together.
Shane Shibest watched the action from the street Tuesday morning.
He was in the neighborhood to check on his mother, Lynn Shibest, who lives next door to the crime scene.
"When they moved in, that's when it got rowdy," Shibest said of his mother's neighbors. "But they've always been nice."
Shibest's mother called him early Tuesday morning to tell him what was going on. Shibest said his mother heard gunfire early Tuesday morning but didn't think too much of it because she has said her neighbors often shoot guns into the air and have loud parties.
Ran "Sam" Zhang, an 18-year-old Topeka West senior, was asleep in his room at his parents' home when the commotion started. Zhang's room is in the front of the house close to where the shooting happened. At 2:30 a.m., Zhang said, he heard a loud male voice.
"I started listening," Zhang said.
He said he looked for something to record the shouting with but couldn't find anything.
Then another voice, that of a woman, told someone to turn down the music.
"Then I heard shots," he said.
Zhang has lived in the house for 18 months. He said his neighbors have lots of parties and play their music loud. He also has seen children playing in the front yard.
"I was nervous," Zhang said. "Human life is too easy to take away."
