WICHITA, Kansas -- Sedgwick County DA Nola Foulston rules that use of deadly force used by two Wichita Police officers resulting in the death of Marquez Smart back on March 10 was lawful and justified.
At approximately 2 a.m. after several bars closed, Wichita police were working crowd control in the 200 block on North Mosley and that's when they say 23-year-old Marquez Smart opened fire into this crowd.
Two officers asked Marquez to drop the gun.
He did not respond to verbal commands, and both fired shots at him.
Smart was transported to Via Christi on St. Francis Hospital where he died.
His death, something District Attorney Nola Foulston says was justified.
"When we're confronted with weapons we have to take appropriate action," said Deputy Chief Thomas Stolz in an interview back in June
After reviewing the KBI and Wichita Police Department's investigation, the DA released an 11 page report complete with scene photos, forensic evidence, autopsy reports, and statements from the officers and people in the crowd, including four bystanders that were hit.
One crowd member stating in the report, "He believed the officer may have saved lives."
Another who was shot saying, "The guy who shot me is dead."
"It is real hard to just go off of witness statements, especially when a lot of those witnesses may have been intoxicated, you've got a chaotic, dark situation," said Mike Shatz, Occupy Wichita.
Mike Shatz, who knows Marquez's family, is among those who don't believe the death was justified.
"There are some giant holes in the DA's story."
But, it was that story that's cleared the officers of any criminal conduct.
For Shatz, that's not good enough hoping for a jury trial.
"If I'm accused of a crime, I don't get to investigate it and report the findings myself."
The next phase will be an administrative investigation by the Wichita Police Department.