A newly hired Kent Police officer remains the subject of a wrongful death federal civil lawsuit after he shot a man during a mental health crisis inside the man’s home in 2022 as a member of the Olathe Police Department in Kansas.
An U.S. District Court judge in October 2024 in Kansas denied a motion by attorneys for the city of Olathe to dismiss the suit filed by the mother of the man killed by Officer Conner Thompson. The suit also alleges the Olathe Police Department doesn’t adequately train officers to de-escalate crisis situations.
Kent Police Chief Rafael Padilla hired Thompson in September 2024 after he moved to the Seattle area last July following his resignation from the Olathe Police Department after five years on the force.
“Yes, I was aware,” Padilla said about the fatal shooting by Thompson in an emailed response to questions from the Kent Reporter about the hiring. “This was something that Officer Thompson informed us of during his background process. We investigated the circumstances of the incident and we learned that he was cleared of any criminal wrongdoing by the District Attorney (DA) for Johnson County, Kansas. The DA determined that Officer Thompson’s use of deadly force was proper under Kansas state law.
“Additionally, the Olathe Police Department conducted an internal investigation of the incident. The department exonerated Officer Thompson of any policy or procedure violations, ruling that his actions were legal, proper, and justified. It’s important to note that Olathe Police officers wear body worn cameras and there is clear video of the entire incident, which makes it clear as to what happened.”
The civil lawsuit, however, filed by Maria Varnas, the mother of Brandon Lynch, 27, fatally shot in 2022, and her attorneys, alleges Thompson “recklessly created the situation resulting in use of excessive and deadly force” by continuing to “shout at, threaten, and agitate (Lynch)], a person with known behavioral and mental health symptoms, when no one was in danger.”
The plaintiff (Varnas) further alleged that “crisis intervention training teaches that these tactics exacerbate the situation and are counterproductive in addressing a person in mental health crisis” and that officers should instead “use a calm and non-threatening tone, ask open-ended questions, and avoid confrontational language.”
U.S. District Court Judge Julie A. Robinson reviewed the case and agreed with the plaintiff that the suit should be allowed to continue. Unless a financial settlement is reached between the two sides, a jury trial is scheduled for September 2025.
“These allegations, accepted as true, state a plausible claim that Officer Thompson recklessly or deliberately brought about the need to use deadly force,” Robinson wrote. “Moreover, the officers’ attempts to use their Taser—a means of nonlethal force—while Lynch ‘plainly display[ed] that he was in mental health crisis’ can also be seen as recklessly or deliberately creating the need to use deadly force.”
Robinson stated the reasons she allowed the suit to continue.
“Therefore, even if the Court found that Officer Thompson had the necessary probable cause to believe at the time of the shooting that there was a threat of serious physical harm to himself or others that would justify his use of deadly force, the Court would find, under the facts as alleged, that Officer Thompson recklessly or deliberately brought about the need to use deadly force,” Robinson wrote. “This is enough to survive a motion to dismiss.”
Padilla said the ongoing civil lawsuit and federal judge’s opinion were not reasons to avoid hiring Thompson.
“The filing of a lawsuit is almost an automatic outcome for an officer-involved shooting incident regardless of the circumstances of the shooting,” Padilla said. “It would be premature to level judgement on the legitimacy of an officer’s actions based on the fact that a lawsuit was filed.
“Also, no one should be surprised that a judge has denied the dismissal of a lawsuit that involved the death of someone, particularly when it involved police action. Judges are incredibly reluctant to deny a jury trial for these types of incidents, regardless of the merits of the lawsuit.”
The suit seeks plaintiff damages from the city of Olathe for pain, suffering, fear, anxiety, emotional distress prior to his (Lynch’s) death; physical pain and suffering from the gunshot wounds prior to his death; the knowledge of impending death; the loss of income, filial care, attention, services, guidance, advice, care and companionship; economic damages; the loss of life; and attorney fees.
“This unfortunate event highlights the urgent need for reform in how law enforcement handles interactions with mentally ill individuals,” according to a news release from Cannezzaro Marvel Trial Attorneys, the Kansas City firm representing the mother of Lynch, when the suit was filed in May 2024.
Judge Robinson also denied a motion to grant Thompson qualified immunity, which shields public officials from damages unless their conduct was unreasonable in light of clearly established law.
Robinson agreed with the plaintiff that Thompson used excessive force in violation of Lynch’s Fourth Amendment rights, which prohibits the government from conducting “unreasonable searches and seizures.”
The shooting
Olathe is a city of about 147,000 in Johnson County, 23 miles from Kansas City. Lynch lived at home with his mother.
A younger sister of Lynch called 911 at about 11:10 p.m. on Dec. 31, 2022 after “a physical altercation” with Lynch, according to the lawsuit. She told dispatchers about her brother’s history of schizophrenia and paranoia and that he “was in crisis.” Her brother’s caseworker instructed family members to call 911 during prior occasions.
Thompson and the other responding officer had previous contact with Lynch and were aware of his behavioral and mental health symptoms, according to the lawsuit. Thompson had a physical altercation with Lynch during a previous incident.
The officers arrived at the front door of the house at about 11:14 p.m.. The sister told them Lynch was in his basement bedroom. The officers told the sister to exit the home, which she did, and to wait outside.
The officers entered the home and went downstairs to attempt to communicate with Lynch, who reportedly told them, “Get out,” and repeated that message. Lynch closed his bedroom door, which the officers then opened and reportedly shouted commands at Lynch. Thompson pulled out a Taser and aimed it at Lynch and 15 seconds later pulled out his firearm. Officers told him he was under arrest.
The officers then started to back down the hallway and go upstairs. Lynch followed them upstairs to the living room, holding a pocketknife at his side. Thompson took a position in the front doorway and the other officer held open a screen door.
Lynch began to pace in the living room, about 12 to 15 feet from Thompson. One officer unsuccessfully tried to deploy a Taser at Lynch. At about 11:18 p.m., a call went out for more officers to respond.
Thompson, with his gun aimed at Lynch, told him to drop a knife he had at his side. At about 11:19 p .m., Lynch reportedly took a couple of steps toward Thompson, who fired three shots at Lynch.
The suit alleges Thompson recklessly created the situation resulting in use of excessive and deadly force as he continued to shout at, threaten and agitate Lynch when no one was in danger. At 11:31 p.m., Lynch was pronounced dead from the gunshot wounds to his torso.
Padilla’s take
Padilla describe his take about the shooting with the Kent Reporter.
“I’ll share what I know and what I think,” Padilla said. “What I know about the case is that while any loss of life is tragic, and something no officer wants to have to do, Officer Thompson did everything we would expect him to do. The male was being arrested for domestic violence assault, which makes it mandatory that the officers arrest him.
“Officer Thompson tried de-escalation, including backing away from the man in crisis, even moving up stairs, creating distance, and trying to slow the pace of the encounter. Unfortunately, as he retreated, the male continued after him. The male was given several clear commands to stop and drop the knife and stun gun but did not comply.
“Officer Thompson and his partner tried to use lower levels of force, applying the Taser twice with no effect. While armed with a stun gun and knife, the male raised the knife and came at Officer Thompson, forcing Officer Thompson to shoot him. Under Kansas law as well of Washington law, the facts of this case indicate that this was a lawful application of deadly force.”
Padilla said Thompson needed to fire his weapon.
“What I think is that like many officers, Officer Thompson found himself in a situation in where he had no choice but to shoot the male in order to protect himself and others,” Padilla said. “While the outcome is not something anyone wants, we have to recognizing the difficult demands we place on our officers and support them when they do their jobs appropriately.
“I am incredibly thankful that we have officers like Officer Thompson, who continue to show up to protect and serve, despite the trauma and physical danger that is daily part of their jobs.”
The Olathe Police Department’s account of the shooting, shared in a public release on social media, said the subject “produced an edged weapon and advanced toward the officers,” according to a report in the Johnson County Post. The department stated a Taser did not deter him and that he “continued to advance on officers.”
Then, an officer fired, striking him.
Chief stands behind hire
Padilla responded to a question about hiring Thompson even with the fatal shooting and lawsuit.
“After conducting a thorough background investigation, that included, a polygraph, psychological exam, an extensive background investigation, reference checks that included his past employers, co-workers, and friends and family, and reviewing his service record at Olathe PD, I felt confident that Officer Thompson’s life and work history indicated that he would likely be a great Kent Police officer and serve our community well,” Padilla said. “There were some noteworthy things in his background that were significant to me in terms of assessing whether he had a heart to serve and care for people, which is criteria I insist upon.
“He was a Police Explorer advisor, working with youth building positive relations and job skills, he volunteered weekly at a local middle school working to provide food to underprivileged kids, and when he was in college, he served as student ambassador, assisting underclassmen. It was clear that not only did Officer Thompson have all the necessary skills, training, and ability to be a good police officer (five-year veteran), he also demonstrated a history of doing things to help others in need.”
Padilla said he didn’t talk directly to Thompson about the shooting before hiring him.
“Our background investigator spoke with him and an Olathe PD Sergeant about that,” Padilla said.
Padilla introduced Thompson and four other officers (one patrol, three corrections) at the Jan. 21 Kent City Council meeting when they were sworn in by Mayor Dana Ralph. The department also posted on Facebook about Thompson.
Thompson was born and raised in Kansas before moving to the Seattle area last summer, according to the post. He earned his bachelor’s degree in political science/international relations at Creighton University in Omaha, Nebraska before becoming a Olathe Police officer.
“He chose Kent PD because of the opportunities available in our city and his desire to serve in a quality department that keeps busy,” according to the post.
As with all new hires, Thompson is on probationary status for one year. He’s also required to complete the Basic Law Enforcement Equivalency Academy at the Washington State Criminal Justice Training Commission facility in Burien.
Thompson has worked five months as a Kent officer.
“So far he is doing well and meeting expectations during his field training,” Padilla said.
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