Corrections staff won’t be charged in 17-year-old’s death, Sedgwick County DA says
No one involved with the in-custody death of 17-year-old Cedric Lofton will face criminal charges, Sedgwick County District Attorney Marc Bennett announced Tuesday morning.
Lofton, who died a day before his 18th birthday in September, had been lying face-down in his cell at Wichita’s juvenile intake facility for as long as 39 minutes when staff realized he had no pulse.
The corrections staff who restrained Lofton were “immune from prosecution” under state law because they were protecting themselves during the ongoing struggle with the 5-foot-10, 135-pound teen, Bennett said during a press conference at the Sedgwick County jail.
“The workers were acting in self defense under Kansas law,” Bennett said, citing the state’s “stand your ground” law.
Under that statute, Bennett said, “a judge would be duty bound to dismiss the case” if his office brought criminal charges.
He said there was “no evidence” that the corrections workers meant to kill Lofton or acted “recklessly” as defined by Kansas law when they restrained him in the prone position for more than half an hour.
“Is it reckless in a general sense? Perhaps. But is it reckless under Kansas law? It is not,” Bennett said.
Wichita police body cam footage shows Cedric Lofton being taken into custody
In a statement after Bennett’s announcement, lawyers for Lofton’s family said they were “extremely troubled” by the decision not to pursue charges.
“This is yet another instance of an unarmed Black teenager killed by law enforcement with impunity,” civil rights attorneys Andrew M. Stroth and Steven Hart said in a statement.
“Similar to the George Floyd case, Cedric’s death was caused by authorities obligated to protect him. In this case, they restrained Cedric in the prone position and took his breath away.”
The Sedgwick County medical examiner determined last month that Lofton’s death was a homicide, but Bennett’s office was quick to draw a distinction between the medical and legal definition of “homicide.”
“Contrary to multiple public comments since the release of the autopsy report prepared by the Sedgwick County Regional Forensic Science Center, the determination that the manner of death was ‘homicide’ does not reflect a legal determination on the part of the pathologist regarding the viability of criminal charges,” Bennett said in a statement after the autopsy results were made public.
At the press conference, Bennett said he discussed the circumstances of Lofton’s death at length with County Medical Examiner Dr. Timothy S. Gorrill.
“The cause of death was brought about by the position which he was held in, as well as the ongoing struggle, which lasted for over 30 minutes,” Bennett said.
“The long-lasting struggle while he was in face-down position impeded his breathing, which caused the supply of oxygen to his heart to be compromised until the point that his heart stopped.”
Bennett said his office reviewed more than 90 pieces of evidence, “including interviews, transcripts, surveillance videos and axon (body camera) videos provided by investigators throughout the investigation” before making a charging determination.
He said the footage of Lofton in his cell at JIAC office did not have any audio, but corrections staff said the teen never complained that he was struggling to breathe.
The executive director of Progeny, a group focused on reforming the juvenile justice system, blasted Bennett’s decision not to pursue charges as “blatant disregard for the life of Cedric Lofton.”
“We cannot allow his death to be yet another horrific story of the Kansas youth justice system — it is time we realize that bold, immediate action is needed,” Marquetta Atkins said.
“It could not be clearer that these facilities pose a dangerous threat to our young people. If local and state officials invested in mental health and community supports for youth instead of funding a system based on punishment, Cedric would still be with us today.”
After the decision, Sedgwick County Corrections Director Glenda Martens announced that a community task force will oversee a review of the circumstances surrounding Lofton’s death.
