The family of Taylor Lowery, a Kansas man fatally shot by Topeka police in 2022, released body camera footage on Friday in an effort to challenge the official police account of the incident.
Lowery’s family obtained the footage following a federal magistrate judge’s order requiring the city to release it as part of a wrongful death lawsuit filed in August. The 33-year-old was killed at the scene after five officers fired a total of 34 shots.
“For over two years, the family has fought for transparency to expose the false narrative that Taylor was killed because he ran at the police with a knife,” said LaRonna Lassiter Saunders, a civil rights attorney advocating for the family
. Da’Mabrius Duncan, the mother of Lowery’s only child and administrator of his estate, accused Topeka police in the lawsuit of failing to properly train officers on de-escalation tactics and preventing excessive use of force. One of the officers involved in the shooting was undergoing such training at the time, according to the suit.
The lawsuit sought the release of the bodycam footage, which the city initially refused to provide in early 2023. This decision followed the Shawnee County District Attorney’s Office’s announcement that no criminal charges would be filed, stating that “the use of force applied by each of the five named officers was reasonable and lawful.”
The Kansas Open Records Act allows government agencies to withhold police bodycam footage from the public during investigations. However, agencies may permit certain interested parties, such as family members or attorneys, to view footage and may charge fees for doing so. In December, U.S. Magistrate Judge Angel Mitchell ruled in favor of Lowery’s family, rejecting the city’s argument that a protective order should keep the footage confidential.
“To the extent officer bodycam footage is at issue, courts tend to exclude such footage from protective orders based on the public’s strong interest in transparency of public incidents,” Mitchell wrote.
While Saunders and Duncan were initially permitted to view the footage weeks after the shooting, the family sought its own copy as part of the lawsuit’s discovery process.
First Amendment attorney Max Kautsch noted that Mitchell’s ruling was significant because it compelled a local government to release the footage to a family despite the Open Records Act’s limitations. “It’s an impressive use of litigation strategy to overcome the weaknesses of the Kansas Open Records Act,” Kautsch said. “Simply watching the footage isn’t enough—you need the video itself to make an impact in the court of public opinion or any legal proceedings.”
Following the shooting, the Kansas Bureau of Investigation stated that Lowery had “advanced toward officers” while holding a knife. However, the released bodycam footage shows that at the moment he was shot in a Kwik Shop gas station parking lot, Lowery was reaching for a wrench, while the knife was on the ground and out of his reach.
Through the court order, the family’s attorneys also obtained the names of the officers involved, which had been redacted in the district attorney’s report.
The city of Topeka declined to comment on the allegations due to the pending litigation but defended its officers, stating, “Law enforcement officers face dangerous and unpredictable situations daily, risking their lives and mental well-being to provide safety and protection to our community. We will continue to vigorously defend our officers in this matter.”
In response to the family’s amended lawsuit, the city denied any wrongdoing, though it acknowledged that “after the initial round of shots, the knife remained on the ground near Lowery throughout the conclusion of the incident.” The city also claimed that “none of the defendants observed the knife until after lethal force had been used.”
The case raises broader questions about when police use of force is justified. Last month, the U.S. Supreme Court examined whether deadly force should be assessed solely based on the moment officers feel threatened or if courts should also consider the circumstances leading up to such decisions.
The bodycam footage from Lowery’s case reveals a chaotic sequence of events spanning six minutes, beginning at the home he shared with his sister and ending in the gas station parking lot where he was shot.
Police responded to a 12:30 a.m. 911 call from Lowery’s sister, who had barricaded herself in a room. She reported that Lowery had “taken a substance,” was acting erratically, and was using a knife to try to pick a lock to obtain her car keys, according to the family’s amended lawsuit.
Bodycam footage captures officers arriving and hearing someone instruct them to “kick the door down.” A juvenile eventually opens the door but cannot provide details about the situation inside. When Lowery emerges, officers say he attempts to flee through a back door.
According to the district attorney’s report, officers confronted Lowery outside, where he allegedly “waved the knife in a fighting stance” while also holding a socket wrench in his other hand. However, the family’s lawsuit contends that Lowery was neither threatening nor aggressive, and officers at that moment did not deem it necessary to fire their weapons.
Footage shows Lowery ignoring repeated commands to “drop the knife” before retreating inside and shutting the door. A woman then exits another door, screaming frantically, “My kids are in there.” Officers enter, and Lowery is seen leaving the home still holding the knife.
Police say Lowery drove away in an SUV and went to the Kwik Shop gas station about half a mile away, where officers pursued him. Authorities claim he attempted to carjack an occupied vehicle. However, the district attorney’s report noted that this alleged incident occurred in a blind spot of the convenience store’s surveillance cameras.
The bodycam footage captures a frantic scene at the gas station, with multiple officers already present and others arriving. The knife and wrench Lowery had held were on the ground as officers ordered him to “get down.” One officer appears to push him. Lowery then turns and bends down to grab the wrench. At that moment, an officer fires, and others follow suit, striking Lowery multiple times and sending him to the ground.
Officers continue ordering him to “put your hands out and let go of that wrench” as he lies bleeding. Lowery appears motionless before being handcuffed face down.
An autopsy revealed that Lowery was under the influence of amphetamine, methamphetamine, and cocaine at the time of his death. He sustained multiple gunshot wounds, including three to the abdomen and three to the chest, according to the district attorney’s report.
The family’s lawsuit asserts that officers could have used non-lethal force, such as Tasers or pepper spray, before resorting to their firearms, but they never attempted to do so.
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