A recent federal court filing in a civil lawsuit by two brothers who were shot during a confrontation with four off-duty police officers states that one of the officers is no longer employed by the Topeka Police Department.
"Defendants admit that defendant (Chris) Bowers was employed on March 17 and March 18, but deny that he is currently employed," states the document filed on behalf of the defendants and obtained by The Topeka Capital-Journal.
Police Chief Ron Miller and the city's human resources department said Bowers is still an officer with the police department. Miller said he "had not seen the answer that was filed."
The civil lawsuit seeking damages was filed in April by brothers Devin and Daniel Llamas. The lawsuit named defendants as Jason Judd, the officer who shot the Llamas brothers; three other off-duty police officers, Laura Bonebrake, Bowers and Travis Jepson; Miller; Mayor Bill Bunten; city manager Norton Bonaparte; 12 past and present city council members; and the city.
A filing earlier this month showed that individual Topeka City Council members were no longer named as defendants. The city, Miller, Bonaparte and the four officers remain as defendants.
The most recent filing on Monday — on behalf of the city, Bonaparte and Miller — was an answer to the amended complaint from the Llamas brothers.
It states the city, Bonaparte and Miller admit that Judd, Bonebrake and Jepson "at all relevant times was and is employed by the city of Topeka as a police officer."
When the filing refers to Bowers, it states "defendants admit that Chris Bowers at all relevant times was employed by the city of Topeka as a police officer."
The law firms of Irigonegaray and Associates, of Topeka, and Randles, Mata and Brown, of Kansas City, Mo., filed the lawsuit on behalf of the Llamas brothers. The shootings occurred early on March 18, 2008, in the front yard of the Llamas house at 7418 S.W. 25th. The Llamas family no longer lives at that address. After months of hearings in Shawnee County District Court, criminal charges filed against Judd were dismissed.
In another document filed in the lawsuit, Bowers admits to drinking "some green beer" at a Fraternal Order of Police Party on March 17, 2008, St. Patrick's Day. Bowers also admits he went to Tailgators bar after leaving the FOP function but denies he consumed any beverage other than beer. He then said he went to Jepson's house after leaving Tailgators and ate food and consumed more beer. He states he was chatting with people sitting on the front porch of the Llamas house and that someone lit his cigar for him.
The law firm of Cavanaugh & Lemon in Topeka is representing Bonebrake, Judd and Jepson.
Bowers is represented by Carl A. Gallagher, with McAnany, Van Cleave & Phillips, in Kansas City, Kan. Gallagher on Thursday said he couldn't comment because he wasn't familiar with the filing stating Bowers was no longer employed.
Bowers' annual salary as of October 2008 was $51,750.40. He was the highest paid officer out of the four. He began working for the police department nearly 12 years ago.
The answer filed on behalf of Miller, Bonaparte and the city also states they "deny that defendants Jepson, Judd, Bonebrake and Bowers were acting in their capacity as police officers at the time of the incident."
The filing also states:
•At some point in time, Daniel Llamas "may have told defendants Jepson, Judd, Bonebrake and Bowers to leave."
•After Judd was "attacked, beaten, thrown to the ground and kicked by plaintiff and their guests, Judd drew and brandished his weapon."
•Jepson, Judd, Bonebrake and Bowers were acting in self defense "after plaintiffs and their guests, who greatly outnumbered these four defendants, brutally attacked and beat them. Plaintiffs did not give defendants Jepson, Judd, Bonebrake and Bowers time or opportunity to retreat before attacking them."
Hmm... It would appear from the City's response that Officer Bowers in no longer employed by the TPD.
