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JoCo DA: Use of force justified in February police-involved shooting at Shawnee QuikTrip

Posted at 3:46 PM, Jun 10, 2024

KANSAS CITY, Mo. — Johnson County District Attorney Steve Howe announced in a press conference Monday the findings of the investigation into a February police-involved shooting at a Shawnee QuikTrip.

Howe said the officer’s use of force was justified due to the suspect, Brett Smiley, pointing a gun directly at the officer.

No charges will be filed against the officer.

The events leading to the shooting began at Hardee’s in Olathe.

The morning of Sunday, Feb. 18, Howe said Smiley pulled into the Hardee’s drive-thru completely unclothed and made inappropriate comments to the workers before walking around the inside of the restaurant with a knife.

When he left, Smiley made his way from Hardee’s to the QuikTrip near Shawnee Mission Parkway and Martingale Road, as captured on street cameras.

Along the way, an off-duty officer noted Smiley was sticking a gun outside a window and firing shots on K-7. Investigation of the incident recovered shell casings that matched the firearm in Smiley’s possession when he was shot.

Smiley then pulled into the QuikTrip parking lot and waited inside his vehicle for about 15 minutes.

At 11:10 a.m., Smiley entered the business. He was wearing sweatpants.

Once inside, the situation escalated to an active shooter and hostage incident.

Footage from inside the QT showed Smiley firing a round and yelling for everyone in the store to get down; some customers ran while others hid or got down on the ground.

Howe said despite one elderly couple asking Smiley if he wanted money and attempting to calm him down, Smiley continued to move about and mumble in the store.

When police arrived, officers spotted Smiley holding his weapon and standing over people. The officer who shot Smiley said the scene looked as if customers were in a tornado drill the way they were tucked on the ground, per Howe.

The officer took cover outside near the east entrance of the QT until Smiley approached, which is when the officer yelled for him to drop his weapon.

At that time, Smiley pointed his gun directly at the officer, who fired two rounds and struck the man.

Smiley later succumbed to his injuries.

Howe said the autopsy report noted Smiley died as a result of the gunshot wounds. The autopsy also found meth was in his system.

Family members told OICITT investigators Smiley had a history of substance abuse and mental health issues.

After Howe spoke, Shawnee Chief of Police Sam Larson made a few remarks. He said the actions taken that day by the officer saved lives.

No other injuries were reported in the incident, which was Johnson County’s first officer-involved shooting investigation of 2024.

If you have any information about a crime, you may contact your local police department directly. But if you want or need to remain anonymous, you should contact the Greater Kansas City Crime Stoppers Tips Hotline by calling 816-474-TIPS (8477), submitting the tip online or through the free mobile app at Depending on your tip, Crime Stoppers could offer you a cash reward.

Annual homicide details and data for the Kansas City area are available through the KSHB 41 News Homicide Tracker, which was launched in 2015. Read the KSHB 41 News Mug Shot Policy.