David Gardner Shot by Diabetic Cop Files Lawsuit

A former QuikTrip driver who was shot by a police officer in 2007 said his life hasn't been the same since the shooting.

It happened on Sept. 24, 2007, at St. John Avenue and Belmont Boulevard in northeast Kansas City.

David Gardner, who drove semi-trailers for QuikTrip, said he was backing up his big rig when gunfire ripped through him and his truck, forcing him out of the cab and onto the ground.

"Just out of the blue -- shot. I started hearing shot after shot. The very first shot went through my driver's side window," Gardner told KMBC's Peggy Breit. "I remember looking up and just seeing people running, ducking, hiding. I could hear shots behind me."

Gardner was hit in the side and the back. Kansas City police officers came to his aid.

Gardner said he later learned that the officer who had shot him had diabetes and was suffering from a hypoglycemic, or low blood sugar, episode.

"I've kind of lost that trust in, 'They're here to protect and serve.' For me, it's hard to believe anymore," Gardner said.

Gardner said he's recovered physically but not mentally. He has been diagnosed with post-traumatic stress disorder.

Gardner still works for QuikTrip, only now it's in the warehouse in Belton. He said his salary is much lower than his driver pay was.

Gardner said it was his choice to work in the warehouse, because he said he feels unsafe to drive a big rig again. He said he's still too jumpy, especially around police.

"I don't want to be behind an 80,000-pound vehicle and have an officer come up beside me. I don't know for sure what would happen, but I don't want to put other people's lives at stake," Gardner said.

Gardner has filed a lawsuit against the Kansas City Police Department, claiming the department knew that Officer Joel Ritchie could be a danger to himself or others.

Ritchie had had two previous diabetic-related incidents on the job. Both were serious enough that responding officers removed his weapon and called for an ambulance.

Gardner said living with the fallout from the shooting has put tremendous strain on him and his family, especially financially.

"It just gets more and more difficult," Gardner said. "It's like a movie -- you can try and pause it or stop it or, but it's always there to replay."

After the shooting, Ritchie worked in police dispatch but has since left the police department.

In response to the lawsuit, the department said neither they nor Ritchie should be held responsible for the shooting. They said no one knew Ritchie's diabetes could trigger such an incident.

Gardner's attorney said officers are trained in the police academy to prepare for a wide range of behaviors from diabetics.

The police department has no policy regarding officers who are diabetic.

Gardner said he knows QuikTrip has a policy for employees who are diabetic because he has diabetes.