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Jackson County Prosecutor Declines Charges in 2023 KCPD Shooting That Killed Two

Prosecutors cited dashcam footage alongside Missouri self-defense law.

Overview

  • Jackson County Prosecuting Attorney Melesa Johnson said the evidence does not support criminal charges against Officer Blayne Newton after a review of the June 9, 2023 shooting near E. 31st Street and Van Brunt.
  • Dashcam video showed Newton firing at the minivan’s front passenger whom he perceived as an immediate threat, with prosecutors stating he did not know a person was seated in the rear.
  • Investigators said Newton fired 16 rounds, killing Marcell T. Nelson and Kristen Fairchild, both 42, and injuring a backseat passenger.
  • Johnson referenced Missouri law that can shield a person from criminal liability when an unintended third party is struck while lawfully defending others.
  • While declining charges, Johnson expressed concern about Newton’s pattern of behavior, noted prior scrutiny including a 2022 excessive-force settlement and a 2023 advisory recommendation on his employment, and said she raised employment concerns with KCPD leadership; families previously secured a $3.5 million wrongful-death settlement and voiced disappointment with the decision.