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Daughter files lawsuit after Leavenworth police took guns, cash from father’s home after his death

Willie Gillom Jr., 74, died in December of 2020 of natural causes, according to lawsuit

Daughter files lawsuit after Leavenworth police took guns, cash from father’s home after his death

Willie Gillom Jr., 74, died in December of 2020 of natural causes, according to lawsuit

MINUTES. KRIS: A FEDERAL LAWSUIT TEST THE LIMITS OF AT LEAST APARTMENT TO SEIZE PROPERTY. LARA: A WOMAN HAS FILED THE LAWSUIT AFTER HER FATHER’S DEATH. INVESTIGATIVE REPORTER MATT L IS WITH THE REASON WHY SHE FOUGHT SO HARD TO GET HER FATHER’S COMES BACK. MATT: DECEMBER 2020 LEAVENWORTH POLICE SEIZED FIVE GUNS FROM A MAN’S HOME AFTER HE PASSED AWAY. 74-YEAR-OLD WILLIE DIED AT HIS LEAVENWORTH HOME. HIS DAUGHTER, EBONY SCHAEFER HAS FILED A LAWSUIT AGAINST LEAVENWORTH’S POLICE DEPARTMENT SAYING THAT THEY SEIZED FIREARMS, MONEY, KNIVES AND MEDICATIONS FROM HER FATHER’S HOME AFTER HE DIED WITHOUT INFORMING HER FAMILY RIGHT AWAY. >> HOW MANY OTHER PEOPLE HAVE HAD A LOVED ONE DIE AND THEY DO NOT KNOW WHAT IS THERE IN THE HOME AND THE POLICE ARE GOING THROUGH THE HOME AND DOING FINDERS KEEPERS LOSERS WEEPERS. MATT: POLICE DISCOURAGED HER FROM FILING A REPORT SAYING THAT SHE MEANT FOR THE FIRST TIME A FEW WEEKS LATER THAT HER FATHER’S DEATH WAS UNDER INVESTIGATION. POLICE WERE WAITING ON AN AUTOPSY REPORT BEFORE RETURNING ANYTHING. EVEN THOUGH THE LAWSUIT SAYS NO AUTOPSY WAS PERFORMED AND THE DEATH CERTIFICATE EVENTUALLY MENTIONED HE DIED OF NATURAL CAUSES. >> I FEEL LIKE IF MORE INFORMATION COULD’VE BEEN PROVIDED TO MISS SCHAEFER A LOT OF THIS COULD’VE BEEN AVOIDED. MATT: SCHAEFER’S ATTORNEY CHRIS BARNES SAYS LEAVENWORTH POLICE NEED TO CUT ABOUT IT, SAYING THEY NEED TO SEEN INVENTORY LIST OF WHAT POLICE TOOK FROM HOME. >> EVERYONE DESERVES TO HAVE CERTAIN QUESTIONS ANSWERED. MATT: SCHAEFER GOT PROPERTY BACK PERFORMANCE LATER BUT STILL NEEDS ANSWERS. >> THE POLICE ARE THERE TO PROTECT AND SERVE. THAT IS NOT WHAT THEY DID IT ALL FOR ME AND MY DAD. MATT: MATT CLEANER CAN BE SEEN NINE NEWS. LARA: THE LEAVENWORTH POLICE CHIEF SAYS HE COULD NOT COMMENT ON PENDING LITIGATION BUT HE SAID THE DEPARTMENT GENERALLY MAINTAINS ALL EVIDENCE IN ANY INVESTIGATION UNTIL ITS CONCLUSION.
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Daughter files lawsuit after Leavenworth police took guns, cash from father’s home after his death

Willie Gillom Jr., 74, died in December of 2020 of natural causes, according to lawsuit

A lawsuit in Kansas federal court could test the limits of a police department's ability to seize property after someone dies. Ebony Shaffer has filed the lawsuit against the City of Leavenworth and its police department. She cites a lack of communication to her family after police took guns, money, knives, and medication from her father Willie Gillom Jr.’s home on the day of his death in December of 2020. Gillam was 74. “How many other people have had a loved one die, and they don't know what's there in the home and the police are just going through their home and just kind of doing a ‘finders keepers, losers weepers?’” Shaffer said.Shaffer said the process to retrieve the guns and other items taken from his home has caused her emotional distress and a struggle to find answers.Leavenworth police chief Pat Kitchens said he could not comment on cases that have pending litigation. But he said the department generally maintains all evidence in any investigation until its conclusion.A department policy outlines procedures for evidence control and chain of custody. But Shaffer said she is still curious what the investigation into her father’s death entailed and why police had to take anything from his home.Shaffer said police discouraged her from filing a report about the missing items saying she only learned for the first time a few weeks later her father's death was "under investigation."In the lawsuit, Shaffer said no autopsy was performed and his death certificate eventually stated he died of natural causes.Shaffer said she still has not seen an inventory list of what police seized from her father’s home. She also said she learned from a sign on the window at police headquarters about a policy that allows Leavenworth police to keep property unless a claim is made within 30 days.A city ordinance about abandoned property confirms the procedure.Shaffer wonders how many other people have lost property if they did not know about seized items. She did get property back nearly four months later. But she still has questions.Shaffer's attorney Chris Barnds said Leavenworth police need to take accountability for not providing timely answers.“I feel like if more information could have been provided to Ms. Shaffer, a lot of this could have just been avoided,” Barnds said.Barnds said they are still in the discovery process of litigation, eventually hoping to find more information from Leavenworth police about the death investigation. “I think everybody deserves to have certain questions answered,” he said. Shaffer, meanwhile, hasn’t fully had time to grieve her father’s passing as what happened after his death weighs on her mind and heart. “The police are there to protect and serve,” Shaffer said. “That's not what they did at all for me or for my dad.” If you have found yourself in a similar situation with police or any other law enforcement agency email investigates@kmbc.com with your tip and we may look into the case.

A lawsuit in Kansas federal court could test the limits of a police department's ability to seize property after someone dies.

Ebony Shaffer has filed the lawsuit against the City of Leavenworth and its police department.

She cites a lack of communication to her family after police took guns, money, knives, and medication from her father Willie Gillom Jr.’s home on the day of his death in December of 2020.

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Gillam was 74.

    “How many other people have had a loved one die, and they don't know what's there in the home and the police are just going through their home and just kind of doing a ‘finders keepers, losers weepers?’” Shaffer said.

    Shaffer said the process to retrieve the guns and other items taken from his home has caused her emotional distress and a struggle to find answers.

    Leavenworth police chief Pat Kitchens said he could not comment on cases that have pending litigation. But he said the department generally maintains all evidence in any investigation until its conclusion.

    A department policy outlines procedures for evidence control and chain of custody. But Shaffer said she is still curious what the investigation into her father’s death entailed and why police had to take anything from his home.

    Shaffer said police discouraged her from filing a report about the missing items saying she only learned for the first time a few weeks later her father's death was "under investigation."

    In the lawsuit, Shaffer said no autopsy was performed and his death certificate eventually stated he died of natural causes.

    Shaffer said she still has not seen an inventory list of what police seized from her father’s home.

    She also said she learned from a sign on the window at police headquarters about a policy that allows Leavenworth police to keep property unless a claim is made within 30 days.

    A city ordinance about abandoned property confirms the procedure.

    Shaffer wonders how many other people have lost property if they did not know about seized items.

    She did get property back nearly four months later. But she still has questions.

    Shaffer's attorney Chris Barnds said Leavenworth police need to take accountability for not providing timely answers.

    “I feel like if more information could have been provided to Ms. Shaffer, a lot of this could have just been avoided,” Barnds said.

    Barnds said they are still in the discovery process of litigation, eventually hoping to find more information from Leavenworth police about the death investigation.

    “I think everybody deserves to have certain questions answered,” he said.

    Shaffer, meanwhile, hasn’t fully had time to grieve her father’s passing as what happened after his death weighs on her mind and heart.

    “The police are there to protect and serve,” Shaffer said. “That's not what they did at all for me or for my dad.”

    If you have found yourself in a similar situation with police or any other law enforcement agency email investigates@kmbc.com with your tip and we may look into the case.