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Charges filed against officer in shooting


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  • Charges filed against officer in shooting

    Nice the news doesn't include the fact that one pulled a gun and was shot by the off-duty, then the other grabbed the gun and was shot too!!!

    Charges filed against Topeka police officer
    Investigation continues into March shooting

    By Steve Fry

    The Topeka Capital-Journal
    Published Saturday, July 26, 2008

    A Topeka police officer charged with shooting and seriously wounding two brothers in a far west Topeka neighborhood during a dispute with four off-duty officers was released from Shawnee County Jail on bond Friday evening.

    Officer Jason M. Judd, 30, was charged Friday with two counts of intentional aggravated battery tied to the shootings of Daniel Matthew Llamas, then 27, and Devin Andrew Llamas, then 18, Shawnee County District Court records showed.

    The Llamas brothers were shot early March 18 outside 7418 S.W. 25th, the home of Daniel Llamas.

    Bob Eye, an attorney representing the two wounded Llamas brothers and a third brother, Damien Llamas, who wasn't shot, called the charges against Judd "very significant."

    Eye and attorneys Pedro Irigonegaray and Elizabeth Herbert began representing the Llamas brothers just days after the shootings. No civil lawsuits have been filed in connection with the shootings so far.

    "I'm glad to see an interest in looking at this incident very carefully," Eye said. Eye said the attorneys hadn't talked to the brothers about the charges being filed against Judd.

    Eye noted that conviction on the aggravated battery charges would result in a presumptive prison sentence for Judd.

    The medical recovery of the wounded brothers is "touch and go" and will require some time yet, Eye said.

    When questioned by authorities, the Llamas brothers weren't given immunity for their statements, Eye said.

    District Attorney Robert Hecht said the charges against Judd were filed Friday because the four-month investigation had reached that point.

    Hecht said he could have deferred filing the charges until after the primary election Aug. 5.

    "But that's not how we do things," Hecht said.

    Hecht, who is serving his second four-year term, is embroiled in a hotly contested primary election with Republican challenger Eric Rucker, who is the chief deputy district attorney in the Johnson County district attorney's office.

    Hecht has speculated some vocal opposition in the Topeka Police Department to his re-election is linked to Hecht's prosecution of two Topeka police narcotics investigators and two other law enforcement officers. Local lawyers Jerold Berger and Chad Taylor are seeking to win the Democratic primary in order to face the Republican candidate.

    Hecht said the Shawnee County Sheriff's investigator handling the Llamas shootings had reached the point Friday where he wrote the charging affidavit, which is a synopsis of the case providing sufficient evidence to satisfy a judge there was probable cause to believe a crime occurred and Judd might have committed it.

    Then the district attorney's office prepared the charges, which were filed with the clerk of the district court at 2:53 p.m. Friday, court records show.

    Judd's defense attorney, Tom Lemon, said his client had gone to the sheriff's office at the Law Enforcement Center on Friday because he thought there was a warrant for his arrest, but there wasn't at that point. The sheriff's office serves arrest warrants.

    Later on Friday, Lemon arranged for Judd to surrender to sheriff's deputies at the Law Enforcement Center and when the sheriff's office confirmed the arrest warrant for Judd at 4:45 p.m. Friday, Lemon called Judd, who reported to the sheriff's office to surrender.

    The sheriff's office transported Judd several blocks to the jail, where he was booked in at 5:23 p.m. Friday, then posted a $25,000 professional surety bond and was released 21 minutes later, jail records showed.

    Lemon, who hadn't seen the charges against Judd, declined to comment about the case.

    Hecht was asked whether the other three off-duty police officers who were at the Llamas home had been charged in the case.

    "All I can say is the investigation is continuing," Hecht said. A total of 239 witnesses are listed on three pages of the complaint, and those reflect the amount of time spent by the sheriff's office and the district attorney's office in investigating the shootings, Hecht said.

    As of 5 p.m. Friday, Judd remained on paid administrative leave pending the outcome of the criminal case, a statement issued by police spokeswoman Kristi Pankratz said.

    Judd "is entitled to due process of the law, and the same due process that all citizens are afforded," the statement said.

    The other three off-duty officers also are on paid administrative leave pending the completion of the district attorney's review of the case and an internal investigation, which the Pankratz statement said started Friday.

    Early March 18, Topeka police were dispatched twice to the house at 7418 S.W. 25th, the home of Daniel Llamas, to deal with noise complaints linked to a St. Patrick's Day party there. Shortly before 3 a.m., a shooting linked to off-duty officers was reported at the house.

    Soon after the shooting, Damien Llamas, then 24, who was at the house but who wasn't wounded, attributed the violence to the off-duty officers, saying the three men and one woman never identified themselves as officers. Damien Llamas said the woman used derogatory comments.

    The officers were told to leave, an argument escalated into a fight, then the two brothers were shot, Damien Llamas said.
    ---Cut the red wire---

  • #2
    You gotta love the media some times.
    Some people were just dropped on their heads as children more than the rest of us!


    • #3
      Hope it all tunrs out ok for the officer(s), and that they were only acting self defense. I hate to hear when this stuff happens, and can only hope that the offcier(s) did nothing to tarnish the badge when all the facts are in.


      • #4
        That's just great, I honestly didn't even finish reading the article, it's not worth stressing over it for me right now, I already know what these idiots intentions are from their stupid article. But WHY do they like to make police officers look bad? It is just mind-boggling!


        • #5
          Journalists are usually lib democrats-they still think its cocaine and pot "summer of love 1969", Watergate etc and they are going to blow the whistle on everyone. They learn in their liberal journalism schools that the press "over sees" gov. and they have made themselves into self-proclaimed kings and queens where they place everyone on trial in the media.


          • #6
            Alcohol in mix of police shooting

            Alcohol in mix of police shooting
            Sheriff's report into off-duty Topeka officers made public

            By Ann Marie Bush
            The Capital-Journal
            Published Thursday, July 31, 2008

            The "offender" in a Shawnee County Sheriff's Office report involving the shooting of two brothers this past March in Topeka is suspected of using alcohol at the time of the incident.

            The Kansas Standard Offense Report, released this week, offers a glimpse into circumstances surrounding the wounding of Daniel Llamas, 27, and Devin Llamas, 18. The pair were shot March 18, in the early morning after St. Patrick's Day, at 7418 S.W. 25th, the home of Daniel Llamas. The Llamas brothers are listed as the victims on the report.

            Four Topeka police officers believed to have been involved in the confrontation while off-duty were placed on administrative leave.

            One of the four officers, Jason M. Judd, 30, was arrested Friday on a county warrant charging him with two counts of aggravated battery in the case. No other arrests have been made. The three other officers, who haven't officially been named, remain on paid administrative leave while the Topeka Police Department conducts an internal administrative investigation.

            The Shawnee County Sheriff's Office is handling the criminal investigation.

            Authorities haven't revealed whether Judd and the other officers were tested for the presence of alcohol or drugs.

            The report doesn't state how much alcohol the "offender" had consumed, but it does say "hate/bias" didn't play a role in the incident.

            Four and one-half months after the shootings, the sheriff's report, dated July 24, is the first public investigative document to emerge.

            It lists two counts of aggravated battery against the offender. Daniel Llamas is listed as victim No. 1, and Devin Llamas is listed as victim No. 2 on the report, of which the first two pages are public record. The third page lists suspect information and isn't public record, Sheriff Dick Barta said in an interview Wednesday.

            The type of force/weapon box on the report had been left blank. When The Topeka Capital-Journal discussed the contents of the report with Barta, he said the "other firearm" box should have been checked, explaining it was an oversight. The report will be corrected, he said.

            The type of injury of both victims was listed as "other major injury."

            The report was filed with the Shawnee County district attorney without an offense listed, Barta said. The district attorney then reviewed the case and determined what charges should be filed, Barta said.

            He noted that there are five notebooks filled with hundreds of pages of information on this particular case.

            "At times, I'd say it probably exhausted us," the sheriff said of the investigation.

            The criminal investigation of the case was handled by the sheriff's office at the request of the Topeka Police Department. Barta said the deputies who handled the investigation "put aside relationships."

            "It was a quality investigation," he said, and it didn't matter that the people involved were officers.

            "People make choices," Barta said. "If they make a wrong choice, there are consequences."
            ---Cut the red wire---


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