Citing Stand-Your-Ground Law, DA Won’t File Charges in Cedric Lofton’s Death

“The idea of ​​an ironclad defense or immunity makes absolutely no sense based on the facts of this case,” he added.

A spokesman said Tuesday that Mr Bennett would have no further comment.

In his report, Mr. Bennett explained the robustness of state law on the ground. Kansas appeals courts, he wrote, have ruled that people have the right to shoot an unarmed assailant who punches them in the face; stabbing an unarmed neighbor with a sword after being threatened and followed into his own garage; and shooting an unarmed man in the back thinking he was running to a car to retrieve a gun.

Mr Bennett wrote that there was no evidence that throughout the struggle, which lasted around 35 minutes, the workers discerned that Mr Lofton was in physical distress. Evidence suggests Mr Lofton continued to resist throughout the struggle, meaning staffers could continue to “lawfully apply restraint”, Mr Bennett wrote.

Mr Lofton continued to make statements that led staff to believe “he was either under the influence of drugs or suffering from a mental health crisis”, Mr Bennett wrote. Staff members reported that no one had ‘full weight’ on Mr Lofton as he lay on his stomach, and the video shows the adults appearing to kneel or lie down next to Mr Lofton, Mr. Bennett wrote.

County Corrections Department employees who were involved in the encounter have been placed on paid administrative leave pending the results of the district attorney’s investigation, Sedgwick County officials said. The status of employees has not changed, county spokesman Akeam Ashford said Tuesday. Mr Ashford said there had been no disciplinary action in connection with Mr Lofton’s death.

A medical examiner determined the cause of death to be homicide. “In my opinion,” medical examiner Dr. Timothy S. Gorrill wrote last month, “Cedric Lofton died of complications from cardiorespiratory arrest suffered after a physical struggle while restrained in a prone position. .”

This discovery came several months after Jeff Easter, the county sheriff, said in september that a preliminary autopsy had revealed that Mr Lofton had not suffered any life-threatening injuries at the centre.

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