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Topeka police report details fatal shooting

Published on -11/27/2013, 11:32 AM

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TOPEKA, Kan. (AP) -- A report on the fatal shooting of two Topeka police officers last year says a third officer fired shots at the suspect and mistakenly believed he had hit him, ending the threat.

The nine-page report released Tuesday includes a timeline of the events leading up to the December 2012 fatal shootings of Cpl. David Gogian and Officer Jeff Atherly.

David Tiscareno, 22, was killed after an armed standoff about 12 hours after Tiscareno shot Gogian and Atherly as they investigated reported drug activity at a central Topeka grocery store.

While the report contains some new details, much of the information had been previously released, The Topeka Capital-Journal reported (http://bit.ly/17TFKVC ).

The report said that as Tiscareno got into the driver's seat of a car and backed up over Atherly's body, the third officer, who was not identified, fired two rounds through the back windshield. The officer believed the threat to be over when the suspect's head dropped forward and the car stopped.

The officer then made eye contact with Tiscareno, who hadn't been shot and still had a firearm pointed at the officer. The officer fired additional shots, and the car backed over Atherly again. Tiscareno fled in the car with the officer in pursuit on foot.

Later during the standoff, Tiscareno fired the first shot and then a single return round from a Kansas Bureau of Investigation agent sent him to the floor, the report said. Tiscareno began to rise, and agents fired several additional shots at him.

A police service dog was then deployed to drag Tiscareno's body away from the gun he had been holding, the report said.

"It's been a tough year for the men and women of the TPD," Police Chief Ron Miller said in an interview "But the community was very supportive, the community was just amazing in their outpouring of love and affection for the police department."

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