ATCHISON, Kan. — After an investigation by an independent agency, the Leavenworth County Attorney’s Office has determined that two officers involved in the July 18 shoot-out with suspect Marcas McGowan did not break any laws and will not face charges.
McGowan, 30, is charged in the death of 5-year-old Cady Harris.
Authorities say the police pursuit and shoot-out were triggered when McGowan abducted his estranged girlfriend’s daughter.
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Leavenworth County Attorney Todd Thompson will not say how Cady died, but felony murder in Kansas means McGowan is accused of causing the girl’s death while carrying out a dangerous crime. In this case, the Thompson will present a jury with two options: That the girl died while McGowan put her in danger or while he was fleeing and eluding law enforcement.
In addition to first-degree felony murder, he also faces two counts of aggravated assault on a law enforcement officer, aggravated child endangerment, being a criminal in possession of a firearm and fleeing and eluding police.
“Upon receiving the facts from the reports, we have determined that Officers Steven Brandau and Ruth Hensleigh violated no criminal laws, therefore no charges will be filed,” said the news release from Thompson.
FOX 4 did obtain the audio from Platte County Sheriff’s Department dispatch tapes through the website Broadcastify. The chase wound around from Atchison, Kan. through Platte County, after a report came in about the suspect of an aggravated assault driving the SUV. Officers were told the suspect had left in the SUV with Cady inside.
Around 7:30 p.m. on Friday, July 18, authorities began pursuing the vehicle driven by the 30-year-old suspect.
You can hear the deputies report the following:
“He just passed two vehicles on the right. We are now in pursuit.”
“He’s going about 80 miles an hour, going up the hill the wrong way.”
And then:
“I believe he may be shooting back at me. I keep on hearing a pop sound.”
When the suspect’s SUV went into Leavenworth, law enforcement there joined the pursuit on Amelia Earhart Drive.
“He’s going through the construction area. he just ran through a barricade,” the voice says on the dispatch tape.
When the suspect’s SUV became disabled in the construction area, authorities say he got out of the vehicle and began firing at them.
“1-2-3, shots fired. Subject’s down. He fired on officers.”
You can then hear the dispatcher asking about the officers.
“Yeah. We’re all ok here. He came out shooting,” one said. “Party’s 10-15, and the juvenile’s been shot.”
The deputy reports that the child does seem to have a pulse, but Cady did not survive.
Marcas McGowan appeared in court on Friday, Aug. 1 to ask the judge to reduce his bond. The state objected and the judge denied the request. His next appearance is set for Sept. 9.
