Officials address catch-and-release of Topeka murder suspects

TOPEKA (KSNT) - Local officials are answering questions after the arrest and release of suspects in two separate homicide investigations.

Topeka Police initially arrested suspects in connection with the June 21 murder they say is gang-related, as well as the north Topeka shooting that left one dead Saturday, July 13. Both individuals were later released.

Shawnee County District Attorney Mike Kagay joined the 27 News morning show to give insight as to why a suspected criminal may be arrested but not charged.

"There is a difference," Kagay said, "between when law enforcement performs an arrest and when you see my office file formal charges. So just because someone is arrested for a particular offense does not mean my office is going to be in a position to file formal charges."

Upon being asked about the status of those two murder investigations, the D.A. said he couldn't give specifics. He did say one case was sent back for further investigation, and that the other suspect was released after a court ruled there was no probable cause to keep them in jail.

We have a number of, we call them due process protections, procedural protections in place to make sure that if someone is arrested for a crime, we are charging them appropriately, we are charging them in a way that we're going to be able to prove they committed that crime. And so, that's what you're seeing play out here.

Shawnee County District Attorney Mike Kagay

The Topeka Police Department (TPD) declined an interview, but provided a statement when asked if police are concerned with murder suspects being released, and whether or not there is any threat to the public.

It is the responsibility of law enforcement to determine whether they have probable cause to make an arrest. It is common for investigators to communicate with the district attorney’s office over the course of an investigation to get clarity on what type of information they might be looking for or where we may need to gather more evidence.

Additionally, related to potential homicide suspects being released from jail, we respect the role that the district attorney and courts play in the justice system. If there was an immediate threat to the community, we would work with our media partners to share that information to the public. We always encourage citizens to be aware of their surroundings and to report suspicious activity to law enforcement.

Excerpt of a statement from Rosie Nichols

To report any suspicious activity or give crime tips, TPD can be contacted through their main line, (785)-368-9551, or via email at telltpd@topeka.org. Anonymous tips can be made through Shawnee County Crime Stoppers at (785)-234-0007.

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