Hiding Behind A Suit and Robe
The Story of Deputy Anthony Gann Must Be Heard
It’s no secret that the criminal justice system is flawed, but it’s not exactly a “system.” Rather, the real danger lies in how individual decisions within the system can profoundly impact lives
The story of former Seward County Deputy Gann is not isolated, but it may surprise you to learn that law enforcement professionals can follow their policies and training and still face decades in prison. The only thing unique about this story is that it happened in Omaha, Nebraska.
If this can happen there, it can happen to you, and you need to understand how prosecutorial and judicial discretion can alter the course of a career overnight.
Background
On September 18, 2023, Seward County Deputy Anthony Gann stopped Jorge Luis-Ramirez, and during the encounter, he observed paraphernalia that appeared to be from the use of methamphetamine. When Deputy Gann asked him to get out of the car, he fled the scene. The vehicle pursuit was called off, and Anthony didn’t see him again until October 23, 2023. When Anthony attempted to stop him, Luis-Ramirez fled, driving at reckless and high speeds for several minutes, including driving the wrong way on the interstate. The vehicle eventually broke down and stopped on the interstate as traffic continued around it.
Deputy Gann repeatedly ordered Luis-Ramirez to show his hands as he remained in the car, continuing to reach under the seat and in the back, and at one point partially stepping outside the car with one arm concealed. During much of the interaction, Luis-Ramirez hunched over and began manipulating something in his hand. Deputy Gann advised dispatch that he believed he had a gun and that he was loading it. His commands continued, and when his backing officer arrived, he also began giving commands and told Deputy Gann that Luis-Ramirez had a gun.
With that confirmation, Deputy Gann fired into the vehicle until Luis-Ramirez stopped moving. When they approached the car, Luis-Ramirez did not have a gun but had buried a butcher knife into his chest.
Courage
While tragic, the courts have supported a “totality of circumstances” approach to law enforcement use of force, and, in my opinion (and that of many others), the circumstances Deputy Gann faced here certainly made the use of force lawful. Seward County Sheriff Mike Nance agreed and found the use of force in policy. This case should have stopped there.
Abuse
Rather than make a prosecutorial (leadership) decision, the case was sent to the grand jury. Grand juries can operate in ways that disadvantage potential defendants, and in officer-involved cases, that dynamic can be devastating. Sol Wachtler, the former Chief Judge of the New York Court of Appeals, explained how that is done.
A grand jury can “indict a ham sandwich.”
In most grand jury proceedings, the defense cannot present a full adversarial case, and the prosecutor controls what evidence and framing the jurors hear. On April 25, 2024, Deputy Gann was indicted, and he soon became a former deputy with an indictment for manslaughter.
Expertise
I don’t have to explain what Anthony was going through, and I don’t have to tell you what the cost is for defending yourself on a manslaughter charge. With his family's support, a defense was mounted, and I was contacted as an expert witness. My expertise lies in the behavior (pre-attack indicators) displayed by Luis-Ramirez prior to the use of force, and Jeff Martin was retained as the general-use-of-force, human-factors, and video expert.
Training & Policy
Deputy Gann followed his policy and training as a law enforcement officer. Despite the sheriff’s policy determination and the available video evidence, the prosecution moved forward with the indictment of the ham sandwich.
But it doesn’t stop there.
Rather than present this case as it was…A police officer performing his duties, the manslaughter charge was brought under a “sudden quarrel” statute. In Nebraska, a sudden quarrel is considered a provocation that would cause a reasonable person to lose normal self-control and kill someone “in the heat of passion.”
The issue is obvious. This wasn't a bar fight or a domestic, but a law enforcement officer acting under the color of law.
Let The Games Begin
I was deposed prior to trial, and was surprised by questions that, in my view, did not reflect the controlling use-of-force standards. They also seemed uninterested in my expertise in human behavior threat detection and the significance of the suspect’s behavior in Deputy Gann's decision-making. They played the same deposition tactics I’ve seen in other cases, but at one point, an attorney appeared to agree with me when I said it would be ridiculous for a police officer to follow policy and training and then face prison time. It became clear to me that the strategy in this case may not be aligned with the realities of law enforcement.
Destruction At All Costs
On Friday afternoon, before the Monday trial, the court said that Jeff Martin and I were prohibited from testifying. The investigation by the Seward County Sheriff’s Department, Deputy Gann’s training, and policy were also limited in what could be discussed in the trial.
After all, this is just like a bar fight…a crime of passion…
I don’t need to explain to you how wrong that is and how it has nothing to do with holding law enforcement accountable. Consider the mental leaps that had to be taken to limit the ability of Deputy Gann to defend himself. Jeff and I are not experts; our testimony would not be relevant, and we would not assist the jury in understanding the evidence in the case.
Anyone who knows Jeff Martin would lose their mind right about now. First, he is a forensic video expert, and the main evidence in this case was the video. But the court simply said, “The jury can view the video for themselves and draw their own conclusions…”
Sure, no need to have any expertise to help the jury with a rapidly evolving law enforcement decision? After all, this is simply a “sudden quarrel”?
The Trial
I can’t imagine what the last few years have been like for Anthony, but far too many in the profession have had to go through it. He was facing 20 years in prison for following his policy and training.
The jury deliberated for a little over 2 hours and waited in the hallway for Anthony to express their apology for what he had to go through.
Next Steps
Anthony will have to rebuild his life, and it will never look the way it should. His story is a stark reminder of what lies behind fancy titles in our profession.
It’s easy to talk about leadership with fancy memes and John Maxwell talking points, but this is where it needs to be, and I’m not seeing enough of it. Sure, it will hurt your proverbial “teaching” business, and some will get upset, but look at the cost it’s causing those in the profession, like Anthony Gann.
He lost the profession because of cowardly leadership, and if we want to save it, we'd better wake up and demand courage from more than civilian jurors.
Dr. Travis Yates retired as a commander with a large municipal police department after 30 years of service. He is the author of “The Courageous Police Leader: A Survival Guide for Combating Cowards, Chaos & Lies.” His risk management and leadership seminars have been taught to thousands of professionals worldwide. He is a graduate of the FBI National Academy with a Doctorate Degree in Strategic Leadership and the CEO of the Courageous Police Leadership Alliance.