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Crime and Courts

District Attorney Rules Fatal Shooting By Deputy Was Justified

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Sedgwick County District Attorney Marc Bennett ruled Friday that a deputy involved in a fatal shooting earlier this year acted in self-defense.

Bennett says according to Kansas law, people who act in self-defense are immune from prosecution.

According to a report from Bennett’s office:

The shooting occurred Jan. 28 at a storage unit near Hydraulic and I-235.

David Bosiljevac had an active criminal case in Sedgwick County. He missed a court date for a probation violation and an arrest warrant was issued for him.

Two people informed deputies that Bosiljevac would be at the storage facility. When deputies arrived, Bosiljevac pulled out an airsoft gun and pointed it at a deputy.

The deputy mistook it for a real handgun and fired 16 times within three to four seconds. Bosiljevac died at the scene.

“Anybody faced with somebody pulling a gun on them has a right to defend themselves,” Bennett said.

Bennett said after the shooting, a former co-worker of Bosiljevac’s called authorities and told them that Bosiljevac told him that if he was ever arrested again, “he wasn’t going back to prison. He would pull a BB gun and let the cops shoot him.”

An autopsy found Bosiljevac had methamphetamine in his body when he died. Deputies also said they found meth on Bosiljevac at the scene.

Bennett did not identify the deputy who fired the shots. He said has been with the department since 2001.

Suzette Sponsel and Mya Acosta are interns in the KMUW News Lab.