Overland Park police amend shooting at moving vehicle policy years after teen’s death
Two years after an Overland Park police officer shot a moving car, killing the 17-year-old behind the wheel, the police department has amended its use of force policy to prohibit such action.
Last week, the Overland Park Police Department enacted an amended use of force policy which stipulates that officers will not shoot at or from a moving vehicle “unless someone inside the vehicle is using or threatening lethal force ... by means other than the vehicle itself.”
The only exception to this policy is when the suspect appears to be using a vehicle as a weapon of mass destruction in an act of terrorism.
The policy became effective on July 22 but was announced at a city Mental Health Taskforce meeting Tuesday.
In 2018, when 17-year-old John Albers was shot and killed while backing out of his driveway, officers were permitted to shoot at moving vehicles “in self-defense or defense of another and when the suspect is using deadly force.”
The policy was widely criticized at the time. Many departments held stricter prohibitions on shooting at vehicles because a bullet cannot stop a car and the officer’s best means of self defense is to step away.
Overland Park’s new policy brings it in line with best practices touted by the U.S. Department of Justice, the International Association of Chiefs of Police and think tanks such as the Police Executive Research Forum who have backed policies against shooting at moving vehicles — unless there is a threat other than the vehicle.
In a statement to The Star, Overland Park Police Chief Frank Donchez said the policy is a verbatim reflection of the Police Executive Research Forum model policy.
“In keeping with best practices and through discussions with Overland Park Mental Health Task Force Chairman Chris Newlin and Vice-Chair Tom Herzog; as well as other police chiefs nationally and the Police Executive Research Forum (PERF) we decided to change it,” Donchez said.
Donchez said in an email that the policy change has been in the works for “several months” and was decided upon “approximately a month ago.”
Pointing to the recommendations from the Police Executive Research Forum, Sheila Albers, John Albers’ mother, has been calling on Overland Park police to change its policy for years.
She said she is glad to see progress being made but is also angry that it didn’t happen in time to save her son’s life.
“Good policy saves lives and I’ve said that a million times,” Albers said.
Dashcam video from the January 2018 shooting of John Albers shows him exiting the garage and backing down the driveway as officers arrived.
An officer is heard yelling “stop.” The van keeps backing out and an officer jumps aside and fires two shots from the side. The van backs toward the street and then whips back around, still in reverse, in the direction of the officer, who fires 11 more shots from the side.
Albers said she believes the combination of several factors led to the policy change including nationwide and local pushes for police reform and pressure in Overland Park after it was reported that the officer who killed John Albers was paid $70,000 in severance.
Another policy Albers had pushed for, Crisis Intervention Training for all Overland Park officers, will be fully funded by 2021.
This progress comes after Albers said she spent years feeling dismissed by local officials, including Donchez, as she pushed for change.
“Why the sudden change of heart?” she asked.
This story was originally published July 29, 2020 at 11:36 AM.
