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FBI closes investigation into Overland Park police shooting of John Albers

Justice Department won't pursue criminal civil rights charges
John Albers shooting scene
Posted at 1:17 PM, Sep 09, 2022
and last updated 2022-09-09 19:29:40-04

KANSAS CITY, Mo. — After approximately two years of investigation, the FBI has released its findings in the shooting death of John Albers, an Overland Park teenager.

It's not the outcome the family had been hoping for.

READ THE REPORT

In January 2018, police were called to his house on reports he'd threatened to harm himself.

He was backing his minivan out of the driveway when officer Clayton Jenison fired 13 times, fatally shooting and killing the young man.

In an official report released Friday, the FBI announced it would not be indicting Jenison.

However, as experts have explained to KSHB 41 News, this decision does not mean the shooting was or was not justified.

Instead, the decision essentially means the FBI found there was not enough information to indict the former officer for violating Albers' civil rights.

Steve McAllister, the former U.S. Attorney who initially opened the case, has since moved back to private practice, but he recalls the case well.

He explains the lack of an indictment is not surprising. To bring about any charges, the FBI would have had to prove there was "willful intent."

Jenison was already cleared by Johnson County District Attorney Steve Howe, who previously said the shooting was justified, citing Jenison's claims he was in the path of the reversing minivan and feared he was going to be run over.

Although, McCallister says Howe could have filed charges of reckless endangerment or involuntary manslaughter, both of which would have had an easier burden of proof to reach in court.

Jenison later retired from the Overland Park Police Department with a $70,000 severance payment.

Meanwhile, the family filed a wrongful death lawsuit and settled with the city for more than $2 million.

Since then, John's Mother, Sheila Albers, has been active in pushing for increased transparency and change within the Overland Park Police Department as well as the Officer Involved Shooting Investigation Team (OISIT).

In Johnson County, whenever an officer is involved in a shooting, OISIT allows a multi-jurisdictional team of law enforcement officers to investigate, so no one agency is directly investigating its own members.

For now, while she's disappointed in the FBI's decision, Sheila Albers says she remains focused on advocating for change.

KSHB 41 reached out to the Overland Park Police Department and the Johnson County District Attorney after the FBI released its report.

District Attorney Steve Howe told KSHB that he has not had a chance to look over the full report.