Family of Kansas man shot by police refiles lawsuit against Topeka, criticizes lack of reform

Topeka police shot and killed Taylor Lowery on Oct. 13, 2022, in a Kwik Shop parking lot. His family has refiled a wrongful death lawsuit against the city. (Submitted)

The estate of Taylor Lowery, the Topeka man shot 34 times while backing away from officers while holding a wrench, has refiled its wrongful death lawsuit against the city.

The family had temporarily dropped the lawsuit because it said city officials indicated they couldn’t move on reform requests with the lawsuit pending. But attempts to secure those reforms, according to the family’s legal team, have been met with continued indifference.

They filed again Nov. 30, just within the 120-day window.

“The family is tired,” said lawyer LaRonna Lassiter Saunders. “It’s taken an emotional toll, especially with his daughter, who has constantly heard about how his life was taken. I could see it weighing on her. It could’ve been addressed and corrected.” 

The suit names officers Justin Good, Bradley Netherton, Sgt. Scott McIntire, and Detective Alex Wall as defendants and Da’Mabrius Duncan, a special administrator for Lowery’s estate and the representative of Lowery’s daughter, who is still a minor.

City spokesman Dan Garrett said Topeka has no comment regarding negotiations on legal settlement claims, but he added that city manager Robert Perez and public safety leadership have met multiple times with advocates who requested discussions on Topeka police policies.

“During the public advocate meetings, input was received on issues such as the release of body camera footage, use of force, and community oversight, and from those meetings, action steps, including City Council’s approval of a contract with Lexipol, which is reviewing the department’s policies to ensure alignment with best practices of policing and state law, have been taken,” Garrett said an email. “The community should expect rollout of the first of the policy reforms in the first quarter of 2026.”

According to the lawsuit: “Each officer at the scene was carrying non-lethal force including, but not limited to, pepper sprays and tasers but no officer attempted to use nonlethal force prior to fatally shooting Taylor Lowery. ... The offense Taylor Lowery committed on Oct. 13, 2022, was running from police.”

The lawsuit stems from the 2022 police shooting of the 33-year-old Lowery in a convenience store parking lot. Shawnee County District Attorney Mike Kagay issued a report indicating Lowery had charged police while holding a knife over his head.

The release of video after a two-year fight with the city showed Lowery backing away from officers after picking up a wrench. Kagay has continued to defend his version of events. Some community advocates have called for Kagay to resign.

“It would be poetic if the jury came back with $100,000 for every shot police fired into Lowery,” Lassiter Saunders said. “They (the family) deserve nothing less.”

The lawsuit said that the defendants moved to deadly force without taking appropriate assessment measures.

“In … shooting and killing Taylor Lowery, the Officer Defendants used more force than was necessary,” the lawsuit said. “The conduct of the Officer Defendants was reckless, malicious, wanton, willful and violated Taylor Lowery’s constitutional rights.”

In footage following the shooting, when Lowery’s family arrived at the scene, police said Lowery had charged them with a knife. That claim is not supported by video evidence.

“The scary part to me is how easily they (the police) do it,” Lassiter Saunders said. “No stuttering. No fumbling. Almost like second nature. That just makes me wonder how many more crimes they’ve committed and covered up?”

Lassiter Saunders said the family made a good-faith effort at negotiating reforms so that no other family would have to experience what they have had to endure.

“We gave the city manager and the city council a chance to do the right thing,” she said. “I hope the citizens are paying attention to how (the city manager and some members of the city council) choose complacency over courage and choosing to be silent instead of speaking up the way the community deserves.”

Lassiter Saunders also criticized Perez, who was approved by the city council in May of last year. 

“The city deserves someone who cares about all the residents. He does not,” she said. “He turned out not to be the city manager we thought the city was hiring.”

Lassiter Saunders said the bulk of her work in this case has been pro bono and done out of concern. Were the family to prevail in the case, her portion would pale in comparison of the number of hours and the amount of energy she devoted to the case.

“It’s not about money,” she said. “It never has been. It’s about how disgusting and dismissive this whole process has been, including the coverup. The city council should not be sleeping well. I need their sleep to be disrupted.”

Mark McCormick is the former executive director of the Kansas African American Museum, a member of the Kansas African American Affairs Commission and former deputy executive director at the ACLU of Kansas. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.