Shawnee police officer cleared in fatal shooting during QuikTrip hostage situation: DA

A Shawnee police officer won’t face criminal charges for an incident in February in which he fatally shot a man who allegedly fired a gun inside a gas station and held a group of people in the store hostage, Johnson County District Attorney Steve Howe said Monday.

In a press conference, Howe said the man who was fatally shot, identified as Brett Marshall Smiley, pointed a gun towards responding officers at the gas station before one of them fired at him.

Howe said based on his review of the incident, the Shawnee officer, who he declined to identify by name, acted appropriately, and was concerned with both his own safety and the safety of others. Thus, Howe said he found his use of deadly force justified.

The shooting occurred at the QuikTrip location at 20605 Shawnee Mission Parkway on Feb. 18.

Howe said an autopsy determined that Smiley had methamphetamines in his system at the time of his death, and said family members indicated Smiley had a “long history” of substance abuse problems and mental health issues.

He also said the man had a “criminal history” and said how he acquired a gun was an “unanswered question.”

“If you are, or if you know someone who is suffering from mental health issues, I would ask, don’t be afraid to call and ask the professionals to engage them,” Howe said. “We can’t solve all the problems, but if we can stop one or two of these incidents, then we would be really happy about avoiding having to do these types of press conferences.”

At a press conference Monday, Johnson County District Attorney Steve Howe announced that a Shawnee police officer won’t face criminal charges for a fatal shooting at a QuikTrip in February.
At a press conference Monday, Johnson County District Attorney Steve Howe announced that a Shawnee police officer won’t face criminal charges for a fatal shooting at a QuikTrip in February.

According toHowe, law enforcement responded to the gas station with knowledge of prior incidents that morning in which a man — alleged to beSmiley — pulled up to the Hardee’s location at 815 South Parker St. in Olathe around 10:30 a.m and asked an employee to cut his genitals. He then allegedly entered the store naked, carrying a knife.

He eventually left the store in a truck, and investigators linked him to gunshots that were reported on K-7 highway. Six spent 9 mm casings were later found along the highway and matched to the gun Smiley was found with at the QuikTrip.

Shortly after 11 a.m., Smiley allegedly entered the gas station carrying a 9 mm handgun with an extended magazine, according to the report. A video shown at the press conference showed a man identified as Smiley firing once into the ceiling and yelling for patrons to get on the ground.

“Numerous” customers were inside the store when the shot was fired, Howe said.

Smiley, at one point, allegedly grabbed a woman in the store and reportedly said, “I don’t know what to do” several times, repeated that he needed a “hostage” and said, “When the cops coming?” several times, according to Howe’s report.

Police responded to the gas station and approached the store.

The officer who fatally shot Smiley reported, “...I was standing behind the car and then I yelled ‘drop the gun’ and then I stepped out and that’s whenever I saw the magazine and I saw it pointed at me and that’s when I shot him,” according to Howe’s report.

Body camera footage released by Johnson County District Attorney Steve Howe shows a man, identified as Brett Marshall Smiley, who reportedly pointed a gun at police before he was fatally shot.
Body camera footage released by Johnson County District Attorney Steve Howe shows a man, identified as Brett Marshall Smiley, who reportedly pointed a gun at police before he was fatally shot.

Shawnee Police Chief Sam Larson credited the actions of the officers that day and said their response was “textbook.”

“The actions of the Shawnee police officers the day of this incident saved lives and prevented additional injuries to customers and employees who were inside that business,” he said.

The investigation into the incident was conducted by the Johnson County Officer Involved Critical Incident Investigation Team.