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Lawsuit alleges KC police officers shot, killed man as he fled, cites video

Relatives of a man fatally shot by Kansas City police last year have alleged in a wrongful death lawsuit that video from the officers’ body cameras and patrol vehicles shows the victim running away when he was shot. The lawsuit, filed July 30 in Jackson County Circuit Court on behalf of Rodney Aubrey, accuses officers Joseph Gennarelli and Jacob Israel of using an “unreasonable” amount of force during a July 2025 fatal shooting that happened near Paseo Boulevard and Emanuel Cleaver II Boulevard.

According to the filing, officers responded after a 911 caller reported seeing a man point a handgun at a passing ambulance. John Picerno, an attorney for Aubrey’s family, said he reviewed body camera footage from all three officers as well as two dashboard camera recordings. “Everything, 100% of the action is on video,” Picerno said. Capt. Jacob Becchina, a spokesman for the Kansas City Police Department, said the department would not comment on the allegations in the lawsuit to ensure fairness to both sides. When officers arrived, the lawsuit alleges Aubrey, 64, was sitting at a RideKC bus stop and was not behaving suspiciously. One officer watched him from about a block away before additional officers arrived. According to the lawsuit, the officers pulled up to the bus stop and got out of their vehicles with their weapons drawn. The officers began shouting multiple commands simultaneously, creating confusion for Aubrey. The lawsuit alleges Aubrey never threatened officers with what was later determined to be a replica handgun before turning and running away.

Picerno said the recordings show Aubrey never pointed the gun at officers during the encounter. At the time of the shooting, local news outlets reported that officers responded to reports of a man pointing a handgun at a passing ambulance and attempted to take Aubrey into custody before the shooting. Few details were released about what led officers to shoot. Picerno said the footage shows Aubrey telling officers, “I have a gun,” before running away after receiving what he described as conflicting commands from multiple officers. He said Aubrey removed the replica handgun from his pocket only after he began running. “Rodney becomes confused after he says, ‘I have a gun,’” Picerno said. “He doesn’t know what to do. He looks over his shoulder at the bus stop. He looks back at them, and then he just turns around and bolts; he just runs away.” Picerno said the officers did not know the handgun was a replica when they encountered Aubrey. He said regardless of whether officers believed the gun was real, Aubrey never pointed it at officers or anyone else after they arrived. Aubrey did not pose the threat necessary to justify deadly force, Picerno said.

The lawsuit alleges Gennarelli first shot Aubrey in the back with a personally owned rifle while Aubrey was running down the sidewalk. It says Officer Israel then fired two rounds before Gennarelli fired again. The petition disputes comments attributed to Gennarelli that Aubrey turned toward officers before shots were fired, alleging video shows that did not occur. Picerno said that the lawsuit was filed after Police Department officials declined to participate in mediation. The lawsuit alleges both officers violated department policy by using deadly force against a person who did not present an imminent threat of serious physical injury or death. It seeks damages against both officers for a wrongful death and demands a jury trial.