TOPEKA (KSNT) – A recently released affidavit from the Topeka Police Department details witness testimony related to a man who was shot and killed earlier this year.

Kirk Sexton, 34, of Topeka was shot and killed on July 17 in Central Topeka. Police identified the primary suspect in the case as Emmanuel Rashad Walker, 35 who was later found by U.S. Marshals in Erie, Pennsylvania. After returning to Kansas, Walker was given several charges by the Shawnee County District Attorney including murder in the first degree.

KSNT obtained an affidavit from the Topeka Police Department. The affidavit reports that only one witness was present at the time of the shooting in the 900 block of SW 8th St.

The witness initially told law enforcement responding to the shooting that she did not see who committed the act. This was later attributed to fear as the witness did not want anyone around the crime scene to know that she had seen what happened. Once the witness was isolated by police, she reported what she had seen.

The witness told law enforcement that she recognized both Sexton and Walker and was positive that Walker was the one who committed the shooting that killed Sexton. Before the shooting, the witness had been preparing to leave her apartment and saw Sexton and Walker arguing near her vehicle.

The witness returned to her apartment briefly to retrieve a debit card and, as she approached her vehicle again, overheard Sexton say something similar to, “that is my sister man.” The witness said that this made her think that the argument had something to do with Sexton’s sister but she could not be sure.

The witness then said she heard Walker say something similar to, “You better just back up or I am going to shoot you” and “I am going to shoot you in your face.” After Walker made those comments, Sexton stepped directly in front of him and said something similar to, “Well do it then.”

At this point, the witness said she saw Walker reach to his waistband and draw a gun. She alleges that Walker pointed the gun at Sexton and fired. Walker then ran into a nearby apartment before returning with a female and fleeing the scene while the witness tried to help Sexton.

When asked if Sexton had done anything threatening that would cause Walker to shoot him the witness said that all Sexton had done was verbally challenge him. She said that Sexton appeared “surprised” when Walker shot him and did nothing to protect himself.

It was established through later interviews with others who knew Sexton and Walker that the pair had argued in the past and had been in a fist fight two years prior to the shooting.

On July 17, law enforcement located the 2002 Buick LeSabre in the backyard of a vacant home which was believed to have been used by Walker to flee the shooting. Officers obtained a search warrant and inspected the vehicle. They found a magazine for a .380 caliber gun which had five .380 caliber “Underwood” bullets in the magazine. A single .380 caliber shell casing of the same Underwood brand had been found at the shooting scene.

A Florida baseball style hat was also found in the car with a single red spot on the brim believed to be blood. A Crime Scene Investigator conducted a test on the spot and said that he obtained a “presumptive positive test” for the presence of human blood. More testing will be required to determine if it belongs to Sexton, according to the affidavit.

Walker was later found on Sept. 9 in Erie, Pennsylvania by the U.S. Marshall Service. Walker invoked his rights and refused to provide any information for the investigation when Kansas law enforcement arrived to interview him.

Walker is currently being held in the Shawnee County Department of Corrections for murder in the first degree and criminal possession of a firearm by a convicted felon along with numerous other charges in unrelated cases. He is scheduled for a preliminary hearing related to the shooting death of Sexton on Dec. 22, 2022.