Cowley County officers who returned fire and shot and killed Andrea C. Barrow April 15, during an incident north of Winfield, acted in a manner that was “lawful and justified,” according to a report released Thursday by Cowley County Attorney Larry Schwartz.
Thus, no criminal charges will be filed in the case. The five-page report can be viewed here
The findings mean the three officers involved, who were injured but have recovered, can begin the process for returning to full-time active duty. They had been on paid administrative leave pending the report.
The incident was investigated by the Kansas Bureau of Investigation which turned its findings over to Schwartz for a final determination.
Barrow, 32, was dead at the scene of an exchange of gunfire with sheriff’s officers that occurred on 122nd Rd. about an eighth-of-a-mile west of U.S. 77 a few miles north of Winfield.
The officers were investigating a report of a suspicious vehicle that day when they encountered Barrow in a black Jeep parked on 122nd. She fired at the officers when they attempted to remove her from the vehicle. They returned fire and Barrow was killed.
Among the information released in the report Thursday:
- The officers involved were identified as Master Deputy Cory Sunnenberg, Corporal John Van Royan and Deputy Brian Young. Young was in Phase 1 of field training and responded with Van Royan to the scene.
- Sunnenberg fired 18 rounds at Barrow who had already fired a weapon and injured the three officers. She was partially inside the driver’s door of the jeep when she was shot and killed.
- All three officers cooperated fully with the KBI investigation.
- Barrow was to be placed under arrest for suspicion of misdemeanor theft because she possessed a second license plate in her vehicle.
- Sunnenberg initially made contact that day with a reporting party who had called 911 in regard to a suspicious vehicle:
“Upon arriving at 101 st road, Sunnenberg met the individual who had made the 911 call. This individual further described the suspicious vehicle as a black Jeep with very dark windows, an Oklahoma tag, and very low tire pressure. He stated that the driver was a female. The individual stated that the female drove the Jeep into his driveway where he talked to her. He said she didn’t seem to make any sense. At one point she told him she was out of gasoline, so he gave her a gallon. He further reported that his trashcans, which were still up by the road for collection, were upset and that it was strange that he had not received mail that day, but his neighbors had. He said he usually receives a lot of mail. Finally, he said that he saw the Jeep stop by his neighbor’s place where the neighbor confronted her as well.”
- All officers involved were dressed in uniform. Wearing functional body cameras that recorded events surrounding the shooting and carrying 9mm Glock pistols and X-26 Tasers. Each was current on firearm and taser qualifications.
- The encounter with Barrow lasted just over 9 minutes.
- Sunnenberg made first contact with Barrow parked on 122nd Rd. He parked his vehicle some distance away due to the condition of the gravel roadway. He activated his body camera and approached on foot.
- At the 3 minute and 33 second mark. Sunnenberg was joined by Van Royan and Young.
- Barrow seemed confused as she talked to Sunnenberg. She said “she was coming from El Dorado, which she later said was in New Mexico, headed toward a city she tried to pronounce but could not. When asked where she was, Barrow stated she was near Wellington which is near Texas.”
- Sunnenberg notices an extra license plate in the vehicle with Barrow. She tells him it’s for the Jeep, but it already has a plate. He asks for the plate so he can run it but she refuses to provide it and attempts to put it out of view.
- At the 5 minute 18 second mark, Barrow appears increasingly agitated and is uncooperative. She refuses to step out of the vehicle when asked. Schwartz described Sunnenberg’s tone with Barrow as calm and respectful.
- “At the 6 minute 57 second mark, Sunnenberg again asks Barrow to step out of the vehicle. She again refuses. Sunnenberg opens the Jeep door to get Barrow out. Van Royan moves to take a position by the front passenger side door and opens the door. Young had moved to a position to the right of Sunnenberg by the back driver’s side door. Barrow still refused to exit the Jeep. She shifted herself to the right side of her seat and placed her right hand between her seat and the center console. Sunnenberg and Van Royan asked her what she was reaching for and told her multiple times to stop reaching. The officers drew their tasers on Barrow and asked her to comply, stating that they did not want to tase her. Sunnenberg then spent some time trying to talk to her with tasers still drawn. Sunnenberg explained to Barrow why she was being arrested. Barrow replied telling officers “Not to do this to her,” with her right hand still between the seat and console.”
- “By the 9 minute 07 second mark on Sunnenberg’ s body camera, Barrow appears more agitated and appears to shift around in her seat nervously as though she is preparing to do something. Sunnenberg tells Van Royan to deploy the taser. Within the next minute, Van Royan deployed the taser from his position in the front passenger doorway, striking Barrow. Sunnenberg moved in and attempted to get Barrow out of the vehicle by grabbing her left arm and shoulder. Van Royan, from the passenger side, sees Barrow has a gun in her right hand and hollers, “Gun!” multiple times.”
- “At the 9 minute 13 second mark on Sunnenberg’ s body camera, while coming out of the vehicle, Barrow falls to the ground on her back and right side. What sounds like a barrage of 4-5 gunshots can be heard. Barrow had shot her 9 mm pistol upward and hit Sunnenberg in the groin area, upward and more to her right and hit Young in the left arm, and back through the Jeep hitting Van Royan in the left index finger. Van Royan had fired one round through the Jeep at Barrow as she was firing. Sunnenberg sought cover by a pile of brush and limbs which was by the road. He reports seeing Barrow lean over the brush pile and briefly look at him and then return to the Jeep. Young took cover at the front passenger side of the Jeep, and Van Royan worked his way up the road for cover. After a short pause, more gunshots can be heard. Sunnenberg and Young reported they thought Barrow had returned to her Jeep to reload. Young fired multiple rounds into the windshield upon seeing Barrow get back into the Jeep on the driver’s side and crawl across the console towards him. Shortly thereafter, at the 9 minute 32 second mark, Sunnenberg fired 18 rounds toward Barrow who at that time was partly inside the driver’s door of the Jeep.
Officers were taken from the scene by emergency medical services. Barrow was pronounced dead at the scene.