Did police chase break policy before KCK officer’s death? Questions remain
Details about what investigators said happened before Kansas City, Kansas, Police Officer Hunter Simoncic’s death will remain shielded from the public, as questions remain about what led police to engage in a pursuit before the officer died.
A judge recently ordered that an affidavit containing information from investigators will be filed under seal, meaning the Kansas Bureau of Investigation’s findings about what allegedly led to Simoncic’s death will only be revealed through court proceedings.
Dennis E. Mitchell, 31, is charged with capital murder in the high-profile case, which was the second law enforcement death within a month in Wyandotte County. Mitchell also faces charges of fleeing law enforcement, theft and criminal possession of a firearm.
The Wyandotte County District Attorney’s Office announced prosecutors would seek the death penalty in Mitchell’s case if he is convicted.
However, police and state investigators have been unable to provide more information about the initial incident that led to a police chase before Simoncic’s death.
Key details about Mitchell’s alleged involvement in the incident are not being made available publicly as a means to provide a fair trial and protect the investigation, a judge ruled.
In general, prosecutors and law enforcement are restricted by state laws on the information they can release about a case, said Melissa Underwood, a KBI spokesperson.
“If the defense attorney, prosecutor and/or judge believe details in the affidavit may prejudice the proceedings or affect the suspect’s ability to receive a fair trial, the affidavits may be sealed from public release,” Underwood said.
It was unclear from initial information released by the Kansas City, Kansas Police Department and the KBI whether Mitchell was suspected of being involved in a shooting that took place near Kansas City Kansas Community College just after midnight Aug. 26.
Shooting prompts police response
The incident began around 12:30 a.m. when officers responded to an alert from the department’s gunshot detection system that shots had been fired near the 7700 block of Everett Avenue, according to the Kansas Bureau of Investigation.
When they arrived to the scene, officers found an unconscious man in the driver’s seat of a truck, and they approached. The man, later identified as Mitchell, woke up and fled, leading to a pursuit, according to the KBI.
After a brief chase, Mitchell allegedly abandoned the truck and got into another stolen truck that was stashed in the woods, KCK Police Chief Karl Oakman said at a news conference. Mitchell then allegedly continued to flee officers.
During the pursuit, Simoncic was one of two officers who were in the 7200 block of State, setting up tire-deflating devices. After deploying the devices, Simoncic went to the median, which is normal procedure to get out of danger, Oakman said.
Mitchell allegedly intentionally veered toward Simoncic after hitting the tire deflation devices, police said. Simoncic was taken to a hospital where he was later pronounced dead.
Oakman said at a press conference that the incident was “an intentional act of homicide on a police officer.”
Was police pursuit warranted?
Kansas City area police departments have specific guidelines on when to engage in police chases, or pursuits.
According to the KCK Police Department’s policy, pursuits are permitted when an officer has probable cause to believe the person has committed an “inherently dangerous” or violent felony. A supervisor may also authorize a pursuit if a suspect’s actions — even if not an inherently dangerous felony — place others in “imminent danger of great bodily harm or death.”
A spokesperson for the KCK Police Department declined to answer whether the pursuit before Simoncic’s death adhered to department policy.
KCK police officers are instructed to weigh the seriousness of the crime against any risks to the public and themselves from a pursuit before initiating or continuing them, the policy states.
What led officers to believe Mitchell presented an immediate threat is unknown, for now, apart from the stolen truck with which he allegedly fled officers.
In a 2024 Kansas City Star investigation that examined police chases across the metro, law enforcement experts said chasing suspects for stolen vehicles is not recommended practice.
This is because the risk of harm to the public, or police officers themselves, is not worth the cost, experts previously told The Star.
In 2023, two people were killed in a crash that began with a police pursuit in Kansas City, Kansas, and ended at a Kansas City intersection where an SUV being driven by the suspect slammed into their car.
Hearing scheduled for murder case
The Wyandotte County District Attorney’s Office and the defense counsel for Mitchell each filed a motion Sept. 4 asking the court to seal the affidavit containing police statements.
Wyandotte County Chief Judge Robert Burns said releasing the affidavit for public view could jeopardize the safety or wellbeing of a victim, witness, confidential source or undercover agent, or cause the destruction of evidence.
Releasing the affidavit could also “interfere with any prospective law enforcement action, criminal investigation or prosecution,” the ruling states.
The District Attorney’s office has not responded to requests for comment about the case.
On Wednesday, one of Mitchell’s attorneys filed a motion to the court to withdraw as his counsel due to “multiple, unavoidable conflicts of interest.”
A motion hearing is set for 11 a.m. Sept. 25 in Division 4 of Wyandotte County District Court.
