Family of Andover woman killed in officer-involved shooting sues deputy

Family of Andover woman killed in officer-involved shooting sues deputy
Published: Sep. 29, 2020 at 4:10 PM CDT
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WICHITA, Kan. (KWCH) - The family of an Andover woman killed last December in an officer-involved shooting filed federal action.

The lawsuit names one officer, Sedgwick County Sheriff’s Deputy Kaleb Dailey. The lawyer who filed the case says Deputy Daily used excessive deadly force, resulting in 51-year-old Debra Arbuckle’s death. The three demands from Arbuckle’s family in the suit are for Deputy Dailey to be fired, lose his law-enforcement certification, and for criminal charges to be filed.

Eyewitness News on Tuesday spoke with Arbuckle’s son and the family’s lawyer. They both said a traffic violation should never have resulted in Arbuckle’s death.

Arbuckle’s son, Alek Hansen, says what he’s after by filing the suit is accountability.

“I think 98 percent of police are good. I think there’s another two percent that we really need to take another look at,” he said. “I think the stepping stone on that is if this officer is held accountable.”

Tuesday, Hansen filed the federal lawsuit against Deputy Dailey.

“Dailey shot and killed her too fast. There was no reason for him to shoot and kill her," said the family’s attorney, Michael Kuckelman.

The lawsuit says on Dec. 30, 2019, Arbuckle was spotted driving a car with a license plate that belonged to another vehicle. At first, Wichita police tried to pull her over. She didn’t stop and they decided not to chase. A few minutes later, a Sedgwick County Sheriff’s deputy spotted Arbuckle’s car and a chase started. The lawsuit claims Deputy Dailey was on the west side of Wichita, while the chase was on the east side.

“He drove 142 miles per hour to join a chase about a license plate and then when he arrives there, he leap-frogged the other patrol vehicles, driving recklessly to ram her and run her off the road,” Kuckelman said.

The lawsuit claims that once Arbuckle’s car was surrounded, Deputy Dailey was the only officer to fire his gun, a minute after getting out of his car. The family’s attorney said Arbuckle was unarmed.

“The only thing they knew about Debra Arbuckle was that she had a license place on a Volkswagon that belonged on a Chevy,” Kuckelman said.

Hansen said his mother “had a rough history, but she was never a violent criminal." He said Arbuckle was intelligent, outgoing, and caring. He said it was especially hard not having his mother at his wedding this past spring.

“The day before she passed, she was talking to my wife about what color dress she should wear to the wedding,” Hansen said.

A news release from the Sedgwick County Sheriff’s Office after the shooting said Arbuckle put her car in reverse and accelerated just before Deputy Dailey shot her.

Tuesday, Eyewitness News received a statement from Sedgwick County District Attorney Marc Bennett.

“The matter was presented to the office of the District Attorney for charging consideration in July," Bennett said. "The case remains under review. Any video of the incident is in the possession of the Sheriff’s Department and inquiries should be directed to that agency. I cannot comment further as this is both a matter under review in my office and now an active civil proceeding.”

The sheriff’s office did not comment on the lawsuit and Deputy Dailey remains employed with the department.

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