By Corey Jones
Topeka Capital-Journal
TOPEKA, Kan. — The Shawnee County sheriff’s deputy who shot a man during a standoff in North Topeka earlier this month has been cleared of wrongdoing, officials said Thursday.
David Kershaw, 45, was shot and wounded Feb. 5 in the 1900 block of N.W. 39th.
Lee McGowan, spokesman for the Shawnee County District Attorney’s Office, said in a news release said the deputy’s use of force was justified under Kansas law.
“Therefore, no criminal action will be taken against the officer,” McGowan said.
According to district court records, however, prosecutors filed charges Wednesday against Kershaw.
He is charged with four counts of aggravated assault with a deadly weapon on law enforcement officers and one count of domestic battery.
The Topeka Police Department investigated the matter before forwarding the case to the district attorney’s office for review.
Sheriff’s Lt. John Ostenson on Thursday said the deputy, who had been on administrative leave during the investigation, was reinstated effective immediately.
The deputy’s name hasn’t been released, though police said the deputy has eight years of experience.
Kershaw’s wife, De’De Kershaw, when reached by telephone Thursday, said she had no comment at this point.
Authorities responded about 5:45 a.m. Feb. 5 to 1927 N.W. 39th to investigate a disturbance called in to 911. When deputies arrived, they found Kershaw on the front porch armed with a handgun. Other deputies responded to the scene to secure the area as officers negotiated with Kershaw.
Negotiations continued for about one hour, police said, when Kershaw fired a handgun toward deputies.
Police said several deputies were at the scene and their lives were threatened by the gunfire. One deputy returned fire.
Kershaw was transported to a local hospital for treatment.
De’De Kershaw, in an interview with The Topeka Capital-Journal shortly after the incident, said her husband is a veteran struggling with depression.
She told the newspaper she doesn’t think her husband, who she said is “a wonderful man,” would have fired shots at officers. After the shooting, De’De Kershaw said her husband was taken to The University of Kansas Medical Center, where he was scheduled to undergo surgery.
David Kershaw, who his wife said was in the National Guard and served in Operation Iraqi Freedom, was taking medication for his depression, his wife said.
A Kansas National Guard spokeswoman confirmed Kershaw served in the National Guard for 23 years and was discharged in 2007.
Copyright 2012 The Topeka Capital-Journal