TOPEKA (KSNT) - A woman who was kidnapped and shot during a 2022 chase and shootout in downtown is suing the City of Topeka and multiple Topeka Police Department officers. She claims the officers used excessive force and is asking for $75,000 in damages.
According to court documents obtained by 27 News, on the morning of Sept. 29, 2022, the plaintiff, Kristi L. Mendez, was at her home in the 3500 block of SW Kerry Avenue with four guests who had stayed overnight: Eric Perkins, another woman and two young children.
According to the petition, Perkins was arguing with the other woman over contents he discovered on her cell phone when his stepfather, Gregory Butts, arrived at the home. Perkins shot both Butts and the woman. While the woman survived, the petition claims Perkins followed Butts outside where he then shot and killed him. Mendez called 911 to report the crime.
While Mendez was waiting for police to arrive, the petition claims Perkins then returned to the home and broke out a window to get back inside. He then allegedly held Mendez at gunpoint and made her get into the passenger seat of his vehicle.
Police arrived to find Butts lying in the yard suffering from gunshot wounds. He died at the scene. A witness told officers Perkins had kidnapped Mendez and driven away.
Police caught up with Perkins' vehicle and attempted to pull him over. According to the petition, Perkins instead gave chase and started shooting at police. Despite seeing Mendez in the passenger seat and knowing she was possibly the victim of a kidnapping, the petition alleges officers fired their weapons into the vehicle multiple times.
Perkins then crashed the vehicle into a fire hydrant on Sixth Street between Kansas Avenue and Quincy Street. The confrontation was captured on video by a 27 News viewer.
The petition claims the officers continued shooting, including one defendant who fired approximately 35 rounds at the vehicle. Another defendant is accused of emptying a magazine of bullets into the passenger side of the vehicle directly at Mendez.
As police surrounded the vehicle, they directed Perkins and Mendez to exit. According to the petition, Mendez, who had been shot twice in the leg, laid down on the ground where police handcuffed her. They eventually removed the handcuffs and sent her to an area hospital for treatment.
Police arrested Perkins for Butts' killing, Mendez's kidnapping, the police chase and subsequent shootout. He was in jail awaiting trial on multiple felony charges when he died in an apparent suicide on June 24, 2023.
The petition describes the injuries Mendez suffered in the shootout as "gruesome." One of the bullets passed through her calf and the second lodged behind her knee where it still remains. The plaintiff claimed that if one of those bullets had hit an artery, Mendez would have died. Mendez said the physical injuries have affected her mobility and prevented her from working, resulting in a loss of wages. She claimed she is receiving ongoing treatment for post-traumatic stress related to the incident.
The lawsuit alleges the city and responding officers:
City Spokesperson Dan Garrett responded to 27 News' request for comment:
The City of Topeka values public safety. We are evaluating the lawsuit and will appropriately respond through the court system.
City of Topeka Director of Communications & Media Relations Dan Garrett said.
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