By Associated Press - Thursday, April 16, 2020

LA CROSSE, Kan. (AP) - A county prosecutor has cleared a western Kansas sheriff’s deputy of criminal wrongdoing in the shooting of a fleeing suspect, the Kansas Bureau of Investigation reported Thursday.

The Rush County Attorney will not file charges against a Ness County sheriff’s deputy who shot Timothy Kellebrew, 42, of Ashland City, Tennessee, in January.

Investigators say Kellebrew was driving a pickup truck that matched the description of one used in an armed robbery in Dighton when the deputy tried to pull him over. Kellebrew instead fled the stop and was in the midst of an armed carjacking of another vehicle he had forced off the road when he was shot and wounded, investigators said.

Rush County Attorney Tony Rues determined the use of deadly force was justified.

Kellebrew has been charged with robbery in Lane County District Court the Dollar General holdup in Dighton, officials said. Charges are pending against Kellebrew in Rush County.

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