County attorney says cops not immune in shooting of unarmed Salina man

SALINA, Kan. (KWCH) – No charges will be filed officers who shot Salina’s husband on July 24, 2024.

The Kansas Bureau of Investigation (KBI) investigated the death of Jesse Ray. It included a reconstruction of the shooting, a forensic examination of evidence, interviews with witnesses and first responders, an autopsy and review of video footage, including body cameras, dash cams and surveillance video.

After the investigation was completed, the information was turned over to the Saline County Prosecutor’s Office. On Nov. 4, the FBI said it received a letter from Saline County District Attorney Jeffrey Ebel summarizing his review of the officer-involved shooting case.

On July 24, officers with the Salina Police Department took Larry Ray Jr. into custody on a warrant. At that time, the officer saw Jesse Ray in the detached garage, pointing a gun at him. Jesse Ray had a warrant out for his arrest, so the cops backed off and called for more help.

Additional SPD and Kansas Highway Patrol (KHP) officers responded to the scene and were advised that Ray was in possession of a firearm. The KBI said Ray failed to comply with several commands to “get out with your hands up” and similar instructions.

After some time, inspectors saw smoke and flames coming from the garage. The garage door opened and a woman came out with her hands raised. Ray ran after her. The KBI reported that Ray dove behind a parked truck in the driveway, where he crouched down in what appeared to be a shooting position with his arms out in front of him and toward the officers. Two SPD officers fired nine shots, but none hit Ray.

Ray then ran to the west side of the garage where the KHP troopers and the SPD officer were standing. He came out face to face with them. The trooper and the SPD officer fired four shots, killing Ray. Only 6.35 seconds elapsed from the initial shooting in the front of the garage to the final shots on the west side.

The State Fire Marshal’s Office investigated the fire in the detached garage and determined the fire was intentional. A black BB gun that was made to look like a revolver was found in a fire-damaged garage.

The FBI said investigators seized this black BB gun, which was made to look like… — The FBI said investigators found this black BB gun, which was made to look like a revolver, in a fire-damaged garage that Jesse Ray intentionally set on fire on July 24, 2024, after he was shot and killed by a Salina police officer and the Kansas Highway Patrol.(Kansas Bureau of Investigation)

“It’s clear in the video that at that point (when Ray comes out of the garage and takes his stance) he doesn’t have a gun in his hands,” Ebel said. “However, the gesture and body posture would have led any reasonable person to believe that a weapon was raised and pointed at the officers.”

Regarding the subsequent shots fired by the trooper and the SPD officer, Ebel said, “Both officers stated they heard gunshots and both attributed the shots to Ray because they knew he had a gun and heard screams.”

“Under Kansas law and the facts of the case, I conclude that the police officers are immune from prosecution and cannot face criminal charges because any reasonable officer would have believed that the use of deadly force was justified.” , – said Ebel.