Why no fees? Questions remain after WPD officer attacks and kills man

WICHITA, Kan. (KWCH) – A tragic incident involving a Wichita police officer has raised questions in the community about the circumstances surrounding the death of 51-year-old Jeffrey Moss, who was struck and killed by the officer in February.

Investigators determined that the officer was deleting emails on his in-car computer at the time of the collision, leading many to question why no criminal complaint or ticket was issued.

FactFinder 12 investigator Branden Stitt asked police and prosecutors for answers about the decision not to charge the officer.

According to Wichita police, the investigation into the crash involved multiple steps, including criminal, civil and administrative investigations, each conducted separately.

Following the collision, Wichita police contacted the Kansas Highway Patrol to conduct a criminal investigation, which was then presented to the Sedgwick County District Attorney.

Historically, the Department’s policy has been that a criminal investigation must be completed before an administrative review is initiated. However, this policy was updated in September 2024 and now allows administrative investigations to begin before criminal investigations are completed.

The district attorney’s office reviewed the case at the request of WPD Chief Joe Sullivan and declined to file criminal charges.

According to the KHP report, Moss being intoxicated in low light, dark clothing and the fact that the officer did not see him on the road, among other factors, contributed to the accident. The officer admitted deleting emails during the crash, raising concerns about inattentive driving.

However, Kansas law does not define distracted driving as a criminal offense. This falls under city ordinances that KHP soldiers cannot enforce. Although the state texting while driving law requires the use of laptops, police officers are exempt if they use their equipment while on the job. WPD’s computer use policy also allows the use of computers while driving.

The review concluded that while the officer’s actions may have been inattentive, they did not amount to recklessness or vehicular homicide.

In response to the incident, a lawsuit was filed against the City of Wichita seeking over $75,000 in damages.

Chief Sullivan confirmed that a full administrative investigation will be conducted to address concerns raised by this incident.

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