OLATHE, Kan. -- Nicholas Harold Henry's flight from law enforcement officials ended in a hail of bullets Sunday night outside a Subway sandwich shop before he could don his bullet-proof vest, officials said Wednesday.
The Kansas City, Kan., man will turn 27 years old later this month and already has an extensive criminal history.
He is recovering in an Overland Park hospital from his injuries. Bond was set Monday at $500,000.
Law enforcement officials did not confirm the identity of the man shot Sunday night until Wednesday afternoon.
Henry was being sought by an FBI task force for probation violation for aggravated assault and theft. He was declared a fugitive on Sept. 15. He was sentenced to two years probation for an incident that occurred at a Lenexa store.
On Dec. 28, 2007, Henry was caught shop lifting from the Gordman's in Lenexa. He pointed a gun at a security officer and then fled. He pleaded guilty in April 2008 and was sentenced that following July, according to court records. His probation was scheduled to end in July.
His criminal history with the state of Kansas started in 2003 with burglary. The following year he was charged and later convicted with a felony count of aggravated escape. He also has been convicted for forgery. He later had burglary, theft and resisting arrest convictions. He has spent almost two years in prison.
Police officials say Henry is under investigation for additional charges.
Johnson County District Attorney Steve Howe said he could not comment on the current case against Henry. However, he noted that Henry's 2008 sentence occurred before he became prosecutor earlier this year.
He said Henry would be considered a career criminal. Howe said he has adopted policies in his office to aggressively prosecute and seek tough sentences against those who meet the career criminal designation. He said eight to 10 convictions in a short period of time would certainly meet the criteria as Henry has.
The federal task force in cooperation with local law enforcement officials attempted to arrest Henry outside a Subway restaurant in Olathe. Authorities say Henry drew a gun and they shot him.
Two Subway employees and two customers sought cover. Restaurant goers at a nearby pizza shop were also startled. No one with Henry was injured by the gunfire. Some of those nearby have questioned why the FBI made the arrest in such a public place, but officials have said Henry was extremely dangerous and needed to be caught before he eluded authorities again.
Henry was not on Johnson County’s most wanted fugitive list.
