Shot fired in Overland Park mall nearly hit child amid struggle over cop’s gun: Affidavit

A bullet fired inside Oak Park Mall earlier this month came close to striking a child after a teenage shoplifting suspect allegedly disarmed an Overland Park police officer and struggled to keep control of the gun, according to an affidavit unsealed Wednesday in Johnson County District Court.

Surveillance cameras reviewed by police showed a girl, between ages 5 and 7, sitting in a chair nine seconds before the struggle between officers and the suspect. Investigators later discovered the bullet in the leg of the chair in the mall’s food court.

The affidavit, made in support of criminal charges for 19-year-old Nery Gonzalez-Munoz, was filed in Johnson County on Nov. 14. It was made public Wednesday through a judge’s order and provided to The Star through a records request.

Prosecutors have charged Gonzalez-Munoz with two counts of aggravated assault on a law enforcement officer, battery of a law enforcement officer and aggravated endangerment of a child, all felonies, along with five misdemeanors. He is held in the county jail on a $1 million bond.

The Nov. 12 incident, which sent frightened shoppers scrambling and prompted a major police response, unfolded after security officers called police about two youths stealing clothes from the Macy’s department store.

The youths, Gonzalez-Munoz and a juvenile identified in court documents as A.M., were tracked leaving the store, going up an escalator and walking through the busy food court toward a mall exit, the affidavit says.

Two plainclothes Overland Park officers approached them, while wearing badges, and identified themselves as police, the affidavit says. Both resisted the officers, a struggle followed and Gonzalez-Munoz removed a gun from the holster of one of the officers, authorities allege.

Gonzalez-Munoz and the officers fought over the weapon, the affidavit says, and the gunshot was fired during that struggle. Both officers feared being shot, including one who felt the gun pressed against his abdomen, according to the affidavit.

After the disarmed officer regained control of the gun, Gonzalez-Munoz ran briefly before the second officer took him to the ground. A personal firearm that was on Gonzalez-Munoz at the time fell out of its holster and was collected by police, the affidavit says.

Gonzalez-Munoz allegedly bit the arresting officer and further struggled for several minutes before other officers and citizens helped take him into police custody.

The juvenile also suspected of stealing was arrested by police after leaving the food court when a detective tackled him, the affidavit says.

Police have said no one was injured after the shot was fired and the mall went into lockdown. Sunday shoppers who were visiting Oak Park Mall previously described the situation to The Star as a chaotic one that sparked serious fears for the safety of themselves and their children.

The value of the clothing stolen from Macy’s was estimated at $477.50.