Judgment of self-defense, possibility of padlocking a bar following the death by homicide of a Topeka man

Topeka police say they are investigating the possibility that self-defense was involved in a homicide in a double shooting early Friday morning outside 45th Street Topeka, a restaurant and sports bar at 4601 SW Topeka Blvd .

Raymond Davis, 29, of Topeka, was pronounced dead at the scene, Topeka Police Captain Jerry Monasmith said.

Police responded to shootings at the same location last September and December. These victims survived.

Topeka City Government “Will Assess Options”

At this point, the Topeka city government has not ordered the closure of 45th Street Topeka or declared it a public nuisance, city attorney Amanda Stanley said.

“In light of recent events, the city will assess its options,” Stanley said. “Unfortunately, the City Attorney cannot schedule a meeting at this time as we would not want to interfere with any potential criminal action or be seen as a denial of justice.”

If the city were to initiate criminal nuisance proceedings, the process would begin by filing a temporary injunction asking a court to shut down the business while the city demonstrates to the court why the business meets the standards to be a criminal nuisance, said Stanley.

Lockout of a building may be ordered if a court finds that the owner has knowingly caused or permitted a condition to exist that harms or endangers public health, safety or welfare. according to Kansas law.

Topeka Capital-Journal records show that the main attraction, an east Topeka nightclub, was declared a public nuisance and padlocked in June 1988 after a Topeka City Court judge ordered it closed. The club had been the scene of several shootings, stabbings and fights.

In June 2017, the city continued to lock out a Topeka home, but halted that effort after it changed owners, according to Capital-Journal records.

“There is no permanent threat to the community”

Police are not releasing the name, age or gender of the second person who was shot early Friday. That person was taken to a Topeka hospital with injuries that were not considered life-threatening, Monasmith said.

Officers responded to the scene of the homicide at 2:22 a.m. Friday to a call for duty about a reported disturbance and gunshots in the area, he said.

“All parties involved have been located, identified and interviewed,” Monasmith said. “There is no permanent threat to the community.”

Once police complete their investigation, they will forward the reports to Shawnee County District Attorney Mike Kagay’s office, who will determine whether criminal charges will be filed, he said.

“There is the possibility of a self-defense consideration in this incident,” Monasmith said.

Police remained at the scene Friday.

They had yellow crime scene tape around a large area, which included the parking lot outside 45th Street Topeka, a restaurant and sports bar, and Pit Stop Wine and Spirits, both at 4601 SW Topeka Blvd.

The area inside the crime scene tape extended north almost to SW 45th Street.

Contact Tim Hrenchir at 785-213-5934 or [email protected]

This article originally appeared on Topeka Capital-Journal: Police investigating homicide in the 4600 block of SW Topeka Blvd.

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