District Attorney Charles Branson announced today that no charges will be filed in the April 2018 early morning shooting of a man on a porch in East Lawrence.
On April 4, 2018, shortly before 1:34 am, residents heard banging on the front door of their house located at 1129 Connecticut Street. One of the residents, Robert Patrick, age 44 of Lawrence, looked out the front door peep hole to see a male figure striking and kicking at the front door. Patrick dressed and armed himself with a handgun and proceeded out the rear of the residence before walking around the house to the front porch area. While Patrick was making his way toward the front of the house, a female resident called 911 and made a report to dispatch about a disturbance and unknown person on her porch.
Patrick encountered Trevor Mohawk, age 32 of Lawrence, on the front porch. Patrick told Mohawk to leave. According to an interview with Patrick, Mohawk started to leave then turned and advanced on Patrick, and a struggle ensued on the porch. Patrick suffered black eyes and multiple bruises and abrasions to his upper body. During the struggle Patrick shot Mohawk in the lower torso five times resulting in internal blood loss and death.
Toxicology examination of Mohawk revealed heavy alcohol intoxication and evidence of marijuana exposure. Although Mohawk lived nearby, Mohawk and Patrick did not know each other and had not encountered each other before.
In 2010, the Kansas State Legislature adopted “Stand Your Ground” legislation that provides in part that, a person is justified in using deadly force if they reasonably believe deadly force is necessary to prevent imminent death or great bodily harm to themselves or a third person.
Patrick told investigators that during the struggle Mohawk pushed his thumbs in Patrick’s eyes and that he thought if Mohawk killed him he would possibly kill the other occupant of the house. At the time of the shooting, Mohawk stood six feet five and one half inches tall and weighed 371 pounds. Patrick stood five feet seven and weighed 170 pounds.
Kansas statutes establish that a person who is justified in using deadly force immune from criminal prosecution unless there is probable cause to believe the use of force is unjustified. The facts of the investigation reveal no such probable cause. As such, no criminal charges can be filed in this case.
*Rule 226 - Kansas Rules of Professional Conduct
3.6 Advocate: Trial Publicity
3.8 Advocate: Special Responsibilities of a Prosecutor