Crime

KCK police officer allegedly beat a man during an arrest. He's charged with a felony

Brandon Holloway, a KCKPD officer, was charged earlier this year with aggravated battery in an alleged beating of a man during an arrest.
Brandon Holloway, a KCKPD officer, was charged earlier this year with aggravated battery in an alleged beating of a man during an arrest.

A Kansas City, Kan., police officer was charged earlier this year with a felony in an alleged beating of a man during an arrest.

Sgt. Brandon Holloway was charged with aggravated battery. The charge is described in court documents as knowingly causing great bodily harm, disfigurement or death.

The incident occurred in late November. Charges were filed on Jan. 25 but were not announced.

During a press conference earlier this week announcing a charge against a different officer within the department, District Attorney Mark Dupree said it is his policy to hold press conferences when public servants are charged with crimes.

The policy was enacted after Holloway was charged, according to Jonathan Carter, a spokesman for the district attorney.

Several police witnesses were listed in court documents, as were civilian witnesses.

The alleged victim is identified as "RZ" in court documents.

Holloway and his attorney, Sean McCauley, filed a motion in March to grant Holloway statutory immunity for his "justified use of force."

RZ described the alleged beating while testifying in late April.

Holloway allegedly used his "firearm/flashlight" to beat RZ, according to a complaint filed by the Wyandotte County District Attorney's Office.

A motion filed in late April by Holloway sought to strike RZ's testimony describing the incident because RZ asserted his Fifth Amendment rights when asked by McCauley on cross-examination about his actions leading up to the alleged beating.

McCauley argued RZ had not allowed the defense to properly assess his credibility and the possibility for the presence of bias.

The Kansas Supreme Court, in a previous case, ruled the use of the Fifth Amendment is permissible on cross-examination if it does not create "a substantial danger of prejudice by depriving (the defendant) of the ability to test the truth of the witness' direct testimony."

In the motion, McCauley also alleges RZ was involved in a gun battle and hid from police before the alleged beating.

When reached by phone late Wednesday, McCauley said he could not comment, citing the pending nature of the case.

Holloway has served as a member of the department's SWAT team, according to a 2014 story by the Wyandotte Daily.

Patrick McCallop, a spokesman for the Police Department, could not immediately verify whether Holloway remained employed by the department.

Another KCK police officer is also facing criminal charges. District Attorney Mark Dupree announced earlier this week that Steven Rios had been charged with sexual battery after allegedly touching his co-worker while on duty.

Kansas City, Kan., Police Chief Terry Zeigler told Fox4 News that the recent charges were a testament to the department's integrity in investigating all complaints, even against its own officers.

Holloway has not been arrested because the District Attorney's Office declined to issue a warrant, choosing instead to issue a summons for Holloway to appear in court. Holloway has appeared for each of his two court hearings to date.

A summons is issued in Kansas when a defendant is not considered a flight risk.

Holloway's next court date is May 18, when a judge will decide whether the case proceeds to trial.

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