Post updated at 5:44 p.m. Friday, March 6:
The Douglas County district attorney’s office announced Friday that it will not file charges against anyone in January’s fatal shooting inside Lawrence City Hall.
Police alleged that Omar Dominguez Gavilan, 28, of Buffalo, Minnesota, entered City Hall through a locked back door the morning of Jan. 5, broke out a window on the fourth floor and entered an office area not open to the public.
Police said a court security officer shot and killed Gavilan after he allegedly engaged in a fight with the officer.
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The DA’s office announced they would not charge the court security officer in a news release on Friday afternoon “as the actions taken were in self-defense and defense of others.”
“Our office recognizes the impact this traumatic event has had on our community, city staff, and Omar Dominguez Gavilan’s family and loved ones,” Douglas County DA Dakota Loomis said in the release.
“That is why our office conducted a comprehensive review of the incident, reviewing all relevant information to ensure we reached the appropriate decision,” the DA’s statement continued. “Based upon our review of the available information, state statutes, and case law the filing of criminal charges is not warranted.”
The full report on the shooting details how Gavilan broke into a locked door in the basement before becoming trapped in a stairwell.
Gavilan’s sister, Alondra Dominguez Gavilan, said in an interview the week after her brother’s death that Gavilan had schizophrenia and had been en route to visit his grandmother. She said Gavilan was on a call with his uncle and was in distress while trapped in the stairwell.
The report corroborates that Gavilan was trapped in the stairwell, and eventually broke through a door before a security guard attempted to detain him and a fight broke out.
DA’s report provides detailed account of shooting
The report names numerous city employees who were present and interviewed that morning but omits names of both court security guards. No videos or photos were included with the report.
According to the district attorney’s report, Kansas Highway Patrol Troopers encountered Gavilan at the Lawrence I-70 service station on Jan. 4, where he was “acting abnormally, harassing McDonald’s employees, and banging on the walls inside the service station.”
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The report said Gavilan was sweating profusely, and that throughout his conversation with troopers, Gavilan would “break into song and dance before returning to speaking normally to the troopers.”
Gavilan requested a ride to a bus or train station and the troopers gave him a ride to the Lawrence Amtrak station, dropping him off around 7:30 p.m.
Early the next morning, the Amtrak Southwest Chief train arrived in Lawrence. The report says other passengers boarded the train, but Gavilan did not.
Around 7:32 a.m. that morning, Gavilan attempted to enter Lawrence City Hall. The doors are normally locked until 7:45 a.m., when the municipal court opens, but due to the cold temperature, a municipal court employee opened the door for Gavilan. When he entered the building, staff spoke with him before telling him to take a seat and wait for the court to open.
Upon entering the building, staff briefly spoke with Gavilan before directing him to take a seat and wait for the court to open. Gavilan instead entered a stairwell and went to the basement of City Hall, according to the report.
When a municipal court employee discovered Gavilan in the basement, he was informed that part of the building was not yet open. In response, the report says, Gavilan “became agitated and began yelling” at the employee. Eventually, Gavilan returned to the first floor with the employee.
Back on the main floor, Gavilan asked a municipal court security guard about a “young thin brunette.” The report says Gavilan repeatedly said, “Tell her I’m here.”
Gavilan exited the east side of City Hall and proceeded towards the rear basement entrance. The security guard also exited the building and told arriving city staff members to avoid Gavilan.
The report says Gavilan forced open a locked basement door and entered a secured lobby area, where he was unable to open a connecting stairwell door until a city employee opened the door and entered the stairwell.
Minutes later, a city employee arrived at work and took the elevator to the secured fourth floor. When the employee exited the elevator, they saw Gavilan, who was speaking in Spanish and gesturing for her to open the door. The employee went to her office and called the Municipal Court, at which point Gavilan began striking the door, the report says.
A different city employee took the elevator to the fourth floor, where they observed broken glass and Gavilan in the hallway. The employee went to go look for assistance, and when they returned, Gavilan had opened the stairwell door. The employee notified a security guard of Gavilan’s presence.
As Gavilan walked down the hallway toward the city manager’s office, the security guard approached Gavilan to detain him, according to the report.
The report says Gavilan pulled away and shoved the security guard into elevator doors. After the security guard kicked him and drew his firearm, Gavilan swatted at the gun, punched the security guard, and pinned him in a corner, attempting to grab the weapon, the report says. The security guard fired three shots, striking Gavilan twice.
Even after the initial gun shots, the fight continued and “the firearm was again discharged.” Eventually, Gavilan collapsed. Another employee and responding Lawrence police attempted lifesaving aid, but Gavilan died at the scene.
Investigators recovered four spent cartridge cases at the scene, documented damage to doors and collected blood swabs from several locations on the fourth floor. The security guard’s injuries, including facial redness, bruising and hand lacerations, were photographed.
Investigators reviewed security footage from City Hall and nearby locations. Witnesses reported hearing loud banging, shouting and several gunshots before hiding or calling police.
In an interview with investigators, the security guard said he shot in self-defense.
An autopsy determined Gavilan died from two gunshot wounds that damaged major organs, and toxicology showed methamphetamine, marijuana and amphetamine in his blood.
The report cites KSA 21-5222(b), which authorizes a person to use force likely to cause death or great bodily harm when that person “reasonably believes that such use of force is necessary to defend such person or a third person against such other’s imminent use of unlawful force.”
“Based on the totality of the information collected by LKPD, the actions taken by [the security guard] do not constitute criminal conduct under Kansas law,” the report stated.
“Statements of third-party witnesses, forensic analysis of the scene, the preliminary autopsy report, video of the incident, and the statement of [the security guard] establish more than sufficient evidence to show that it was reasonable for [the security guard] to believe that deadly force was necessary to protect himself and other city staff from death or great bodily harm,” it continued.
According to the report, video and witness accounts showed Gavilan acting as the aggressor, striking the security guard, swatting at his firearm and forcing him into a corner while attempting to grab the weapon. The report says the security guard tried to create distance and initially attempted to detain Gavilan peacefully after earlier warning staff about his behavior.
The report noted that the autopsy found two gunshot wounds to the front of Gavilan’s body, and toxicology showed multiple substances in his system.
The findings were the basis for no criminal charges being filed against the security guard, according to the report.
Read previous coverage of the case in the articles linked below.
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