DA: Deputy won't be charged in deadly south Wichita shooting

Posted: Updated:
WICHITA, Kan. (KAKE) -

Sedgwick County's district attorney says no charges will be filed against a deputy in the fatal shooting of a 55-year-old man earlier this year. 

The shooting happened on January 28 at a storage facility located at 3360 South Hydraulic in Wichita. Deputies received a tip that David Bosiljevac, who had felony warrant, was going to be at a storage facility.

Two deputies arrived at the facility and saw Bosiljevac. Investigators said he ran to the driver’s seat of a car, ignoring their commands to stop, and retrieved what one deputy thought was a pistol and pointed it at him. 

District Attorney Marc Bennett said the deputy fired 16 times at Bosiljevac, killing him. The gun Bosiljevac pointed was Airsoft gun that resembles an actual firearm but shoots only nonlethal plastic pellets.

(MORE: Family remembers two sides of man killed in deputy-involved shooting)

The investigation established that David Bosiljevac produced what appeared to be a handgun as Deputy 1 approached Mr. Bosiljevac’s car. The actions of Mr. Bosiljevac constituted what Deputy 1 believed to be a threat of force, likely to cause great bodily harm or death to Deputy 1. As such, Deputy 1 reasonably believed Mr. Bosiljevac posed an imminent lethal threat and fired his weapon for 3-4 seconds in response. Under these circumstances, the Deputy is immune from prosecution under Kansas law.

- Sedgwick County District Attorney Marc Bennett

Read Bennett's full report here

The deputy had been on patrol since 2006 and was a detention deputy for five years prior. His name was not released. 

At the time of the shooting, Kansas Department of Corrections records listed Bosiljevac as an absconder. He was on Community Corrections for a drug possession conviction in 2018. 

KAKE News learned Bosiljevac had multiple convictions that include stalking, domestic violence, child abuse or abandonment, and drug dealing. Most of those convictions were out of New Mexico. 

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