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Authorities: Kansas man who killed 2 cops dies

9:16 AM, Dec 18, 2012   |    comments
This combination of undated photos shows Officer Jeff Atherly, left, 29, and Cpl. David Gogian, 50, who were fatally shot outside a Topeka grocery store on Sunday.(Photo: Topeka Police Department via AP)
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TOPEKA, Kansas -- A man with a history of theft and weapons convictions gunned down two police officers investigating possible drug activity in a Kansas grocery parking lot, and was later killed after an armed standoff, authorities said Monday.

Hundreds of people gathered outside Topeka police headquarters with candles in memory of Cpl. David Gogian and Officer Jeff Atherly. Members of the slain officers' families attended Monday night's vigil along with dozens of law enforcement officers in uniforms.

"You never really think you're going to lose friends. Everybody, I think, is still in shock," said Officer Kurtis VanDonge, a 31-year-old Army veteran who was in Atherly's training class and worked under Gogian.

A bagpiper played "Amazing Grace," and a minister read from the opening chapter of the Gospel of John that includes the verse: "The light shines in the darkness, and the darkness has not overcome it."

The man who opened fire on the officers Sunday night was David Edward Tiscareno, 22, of Topeka, said Kyle Smith, deputy director of the Kansas Bureau of Investigation.

Shawnee County Sheriff Herman Jones said Tiscareno was seated behind the driver's seat of a car stopped in the parking lot of a Topeka grocery store when police ordered the occupants to get out. After shooting two of the three responding officers, Tiscareno got back into the car and drove from the scene. The third officer returned fire, Jones said.

"There were people inside the store," Jones said during a news conference earlier Monday. "There were residents who saw this going on. There were people driving. There was a multitude of witnesses there."

Gogian, 50, and Atherly, 29, were shot in the head, authorities said.

Based on a tip, law enforcement officers found Tiscareno holed up early Monday at a house about a mile (1.6 kilometers) away. When negotiations broke down, Kansas Bureau of Investigation agents fired tear gas inside. Tiscareno then emerged from the home with a gun and officers opened fire, according to the Shawnee County sheriff's office, which is leading the investigation.

Smith said investigators believe Tiscareno fired a single shot outside the home before authorities returned fire. Tiscareno was declared dead at a hospital.

Police Chief Ronald Miller said the 280 officers on his Topeka force are "numb." The shootings in the Kansas capital followed last week's massacre at a Newtown, Connecticut, elementary school. Closer to Topeka, earlier this month, Kansas City Chiefs linebacker Jovan Belcher killed his girlfriend, then drove to the team's practice site and committed suicide.

"There's a lot of people in this country that are grieving some of the things that have happened over the last several days, and we're just counted among that group," Miller said.

Gov. Sam Brownback and Attorney General Derek Schmidt participated in the vigil.

Online court records show Tiscareno was charged in September 2008 with one count of theft of less than $1,000. He pleaded no contest in April 2009 and was sentenced to 12 months of supervised probation. His probation was revoked in January 2010.

In March 2011, he was charged with criminal use of weapons and was sentenced that September to 12 months of unsupervised probation, also after pleading no contest. A notation in court records available online said, "This defendant should be advised against carrying a firearm."

Jones said he wasn't sure whether there was a drug deal or drug use going on in the store parking lot; the person who called authorities reported drug activity.

VanDonge said the officers' deaths were a shock because a situation like the one they were in wouldn't typically result in violence.

The third officer at the scene was not hurt and has been placed on administrative leave with pay, which is standard procedure when an officer is involved in a shooting, authorities said.

The other people who were in the car when the shootings happened have been questioned. Authorities would not say whether they might face charges.

Gogian had been a Topeka police officer since September 2004 and had an adult son who's also a Topeka officer. Atherly joined the department in April 2011.

Associated Press

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