The police officer who fired the shot that killed a man during a hoax emergency call in Wichita Kansas will not face criminal charges.
District Attorney Marc Bennett announced the decision Thursday, saying there was reasonable concern at the time that 28-year-old Andrew Finch might have been armed with a weapon.
"There is insufficient evidence to overcome self-defense immunity under Kansas law," Bennett said.
Finch was unarmed when he was shot December 28 by police responding to a California man's hoax call about a killing and kidnapping at Finch's home.
Police have said Finch was told to keep his hands raised, but reached toward his waistline. An officer standing across the street shot him when he reached his hands up suddenly.
"This shooting should not have happened," Bennett said. "But this officer's decision was made in the context of the false call. To charge (the officer) would require evidence, not 20-20 hindsight that it was unreasonable for him to believe in that moment that the man who came to the door posed a risk to the officers near the house."
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