PAWNEE COUNTY —Authorities have released the result of the investigation of a deputies actions during a traffic stop in rural Pawnee County.
On February 17, the Kansas Bureau of Investigation (KBI) presented its findings to the Pawnee County Attorney’s Office following a formal investigation regarding the January 18, 2020, involving a Pawnee County Sheriff’s Deputy having discharged his duty weapon, according to Pawnee County Attorney Doug McNett.
Just after 1:30a.m. on Jan. 18, Alejandro Alvarado-Avina, 21 of Lincoln, Nebraska, was the passenger in a vehicle which had been stopped on U.S. Hwy 56 for a traffic violation.
The deputy advised the two occupants of the vehicle that the deputy intended to search the vehicle due to an odor of marijuana. Alvarado-Avina fled on foot as the deputy attempted a routine pat down of him. The suspect was later arrested by the Kansas Bureau of Investigation without incident in rural Pawnee County shortly after daybreak.
“After reviewing the dash cam video at real time speed, and taking into consideration the information available to the deputy at the time, it is my professional opinion the deputy was entitled under current Kansas law to use deadly force for the purposes of self-defense.
First, the deputy had a sincere and honest belief that his life was in danger and that it was necessary to use deadly force to defend himself. Secondly, a reasonable person in the deputy’s circumstances could have reasonably perceived the use of deadly force was necessary. Accordingly, charges are not appropriate against the deputy regarding the discharge of his duty weapon on January 18, 2020,”according to McNett.
Based on the KBI investigation, a three-count criminal complaint has been filed against Alvarado-Avina for Criminal Possession of a Firearm by a Felon, to wit: a Glock .40 caliber handgun, a severity level 8 nonperson felony; interference with Law Enforcement, to wit: provided a false name to the deputy, a Class A nonperson misdemeanor; and Possession of Marijuana, a Class B nonperson misdemeanor.
Alvarado-Avina is currently being held in the Finney County Jail on local charges. A First Appearance has not yet been scheduled.