DA rules on whether police acted justifiably in firing shots during downtown gun battle

Shawnee County District Attorney Mike Kagay has concluded nine Topeka police officers and one Shawnee County Sheriff's deputy acted justifiably when they fired gunshots during a Sept. 29 vehicle chase and shootout in downtown Topeka, he announced Friday.

Kagay's office said in a news release that it had completed its review of the situation in which law enforcement officers exchanged gunfire with Eric Dwayne Perkins, 33.

"Kagay concluded that the conduct of the involved officers was justified and that his office will seek to add additional charges against Perkins for crimes committed during the pursuit," the release said.

More:Topeka police officer shot in gun battle after pursuing suspect car from earlier homicide

Woman Perkins took hostage said she had been his girlfriend

Perkins faces numerous charges linked to alleged crimes that included the shooting of two people, one fatally, about 9:30 a.m. Sept. 29 in the 3500 block of S.W. Kerry Avenue.

Gregory Dean Butts, 55, was pronounced deceased at the scene, Topeka police said.

The other gunshot victim, whose name was redacted from the charging affidavit in the case that was made public in October, suffered wounds that weren't considered life-threatening.

The woman Perkins allegedly took hostage told investigators she had been his girlfriend, and identified the two people shot on S.W. Kerry Avenue as being her best friend and her stepfather, the affidavit said.

More:Defendant in Topeka downtown shootout wanted to 'take two officers with him': affidavit

It said Perkins abducted the woman and led law enforcement officers on a vehicle chase, which ended with Perkins' car being riddled with bullets after it struck a fire hydrant near S. 6th and Kansas Avenue, where authorities said he continued exchanging gunfire with responding officers. Perkins, his alleged hostage and a Topeka police officer were all wounded there by gunfire.

Those three people and the woman Perkins is accused of shooting on S.W. Kerry all received hospital treatment and have since been released.

Perkins was being held Friday in the Shawnee County Jail on a $1.5 million bond, Kagay said. His preliminary hearing is scheduled for Jan. 18.

Contact Tim Hrenchir at threnchir@gannett.com and 785-213-5934.

This article originally appeared on Topeka Capital-Journal: DA: Police were justified in firing shots in downtown Topeka gunfight