An assistant principal “was mostly likely shot” by a school resource officer when an 18-year-old Olathe East High School student pulled a handgun from his backpack and started firing at the school in Olathe, Kansas, according to a report released Friday.
The Johnson County district attorney deemed Officer Erik Clark justified and declined to file charges against him, the district attorney’s office announced Friday.
“The Olathe School Resource Officer believed that he was going to die when Jaylon Elmore drew a handgun and began firing at him,” said Johnson County District Attorney Steve Howe in a fact sheet released to the media.
“He watched the muzzle flashes and felt the bullets impact his body. This was a sudden burst of deadly violence without provocation.”
It was reasonable for the officer to use deadly force against Elmore, Howe concluded.
Elmore, Clark and Assistant Principal Kaleb Stoppel were injured in the shooting that occurred shortly after 10:30 a.m. on March 4.
The exchange of gunfire took a mere seconds from beginning to end, according to the report, which doesn’t identify Clark or Stoppel by name.
Clark and Elmore each fired four shots. Elmore fired his shots first, with three of the four shots striking Clark in the middle of the chest before he could unholster his firearm. The fourth shot hit Clark in the leg, according to the report. One of the bullets struck Clark’s body-worn camera, destroying it.
Clark then returned fire, striking Elmore twice. During the exchange of gunfire, Stoppel tackled Elmore and they fell to the floor.
Stoppel was hit twice by gunfire and had gunshot wounds to his thigh and forearm, according to the report.
The report doesn’t indicate why the district attorney’s office was unable to be more definitive about who shot Stoppel.
A spokeswoman for the district attorney’s office said they were unable to release additional information.
Elmore has been charged with attempted capital murder in Johnson County District Court.
School administrators became aware of a rumor that a male student had been bringing a gun to school on the day of the shooting.
A school counselor told investigators that a student told her that she was afraid because she overheard two boys on the bus talking about another student bringing a gun to school on a regular basis, according to court documents.
Eventually, administrators identified Elmore as the student who might have the gun. Stoppel and another assistant principal found Elmore in a shop class and escorted him to the office, according to court documents.
Stoppel asked Elmore to bring his backpack so that he would have his laptop. They had not mentioned anything about a gun to Elmore, however they had notified Clark that there might be a “weapon issue” at the school, according to the report.
Once in the office, Stoppel and Elmore sat at a small table. Elmore continued to wear his backpack. Stoppel initially discussed Elmore’s class schedule and then about a rumor that someone had a gun at school. Stoppel told him that he’d have to let them search his backpack. Elmore allegedly refused to let them search it, according to report.
At 10:35 a.m., Stoppel sent Clark a text saying, “Come to my office now.” Clark, who was in a police uniform, immediately went to the office and stood by the door.
When Stoppel asked to search the backpack again, the two stood up and Elmore swung his backpack around. As Stoppel approached, he heard gunfire.
“The shots were ‘coming right where my head was,’” Stoppel said, according to the report.
The other assistant principal allegedly saw Elmore draw a pistol out of the backpack, point it at Clark and shoot. Clark returned fire.
After the shooting, Clark treated his own injuries and gave instructions on how to treat Elmore’s injuries.
Elmore, who had been shot twice, had gunshot wounds to his abdomen and his left thigh. He was hospitalized for several weeks before being transferred to the Johnson County jail.
Clark had gunshot wounds to his left thigh, right chest and his left arm and shoulder.
Investigators said Elmore allegedly used a Polymer80 9 mm handgun in the shooting. Howe previously described the weapon as a “ghost gun,” unregistered and untraceable firearms that can be bought online and assembled at home.
The gun Clark fired was his department-issued Glock 9 mm handgun.
Howe also concluded that not only did Olathe East assistant principals have reasonable grounds to search Elmore’s backpack, “they had a duty to do so.”
Clark’s presence in the vice principal’s office didn’t transform the incident to a probable cause search by law enforcement because he had “very little involvement up until the shooting,” according to the report.
Elmore remains in Johnson County jail on $1 million bond. He is due in court on Aug. 17 for a scheduling conference.
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