Justin Rapp Officer - HIVITA, Kansas (USA). A Wichita Police Department officer is facing a civil lawsuit in connection with a December 2017 shooting at a south Wichita home that killed 28-year-old Andrew Finch. Justin Rapp was the officer who shot the unarmed man. The U.S. Court of Appeals sided with the Kansas District Court, denying Officer Rapp qualified immunity in connection with Finch's death. A reasonable jury said Finch was unarmed and posed no threat when Rapp fired the fatal shot.
The Finch family filed a civil suit for excessive force. Sedgwick County District Attorney Mark Bennett declined to prosecute Rapp for Finch's murder. The Wichita Police Department concluded that Rapp did not violate department rules.
Justin Rapp Officer
Prosecutors say Tyler Barris, of Los Angeles, called a Wichita home near McCormick and Seneca in December 2017 to say police were responding to a fatal shooting and hostage situation. Summing up the events leading up to Finch's death, the US appeals court said Finch had not committed a crime and "may not have known why the police surrounded his home."
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"When Finch left the house, several police officers shouted various commands," the court document says of his findings. "Ten seconds later, Officer Rapp thought he saw Finch reach for his gun and shoot himself in the chest."
Two other people involved in the case have been identified as Casey Wiener of Ohio and Shane Gaskill of Wichita. Police say Wiener and Gaskill were involved in an argument over an online video game. The argument led to contact with Barris, who made a fake 911 call to a house near Seneca and McCormick, Gaskill's old address, where Finch lived. Police said Finch wasn't involved in the game and didn't know any of the three people involved in the altercation, which led to the false 911 call that prompted a strong police response.
In addition to finding that a civil action against Rapp was possible, the appeals court also upheld the district court's summary judgment on the City of Wichita's liability claims. The decision basically confirmed that the city and the WPD as a whole were not responsible for Finch's death. The appeals court rejected those arguments, stating that "[the Finch family's lawsuit] failed to allege any intentionally negligent policy or practice that would have caused Rapp to use excessive deadly force."
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