No charges for KC officer who killed two people in 2023. It's not the first time

By Ben Wheeler Updated January 22, 2026 9:52 AM

Jackson County Prosecutor Melesa Johnson announced Wednesday that no criminal charges would be filed against a Kansas City police officer for his role in a June 2023 triple shooting that left two people dead. Officer Blayne Newton fatally wounded Marcel Nelson, 42, and Kristen Fairchild, 42, on June 9, 2023, at an intersection near 31st Street and Van Brunt Boulevard. Jaden Thorns was shot in the head during the incident and survived.

Johnson said the decision not to file criminal charges was based on Missouri law and a police officer’s use of force during the shooting. “Based on the available facts, applicable laws and legal principles concerning an officer’s use of force, we are unable to criminally charge the officer, Johnson said in a news release. “We recognize that this determination may be deeply painful, and we extend our sincere condolences and sympathy to the victims’ families and to a community that continues to grapple with this tragedy.”

Newton is not named in the news release, but The Star has identified the officer in previous news coverage about the shooting and other use of force cases. Prosecutors found that Newton acted within Missouri law, where the permissible use of force is allowed while defending others in response to the passenger firing at a vehicle. Dash cam footage shows the officer fired continuously at the front passenger, his intended target, and additional evidence supports that he was unaware anyone was in the back seat, Johnson said. Details of their findings were included in a letter Johnson sent to the relatives of the victims. “To be clear, the Office remains concerned about the circumstances of this shooting. Two parents and spouses were killed, and a young a man was hurt,” Johnson said. “Our determination that there is insufficient evidence proceed with criminal charges should not be construed as an endorsement of the officer’s conduct or a conclusion that the risks to human life were appropriately weighed and managed,” she said.

John Picerno, an attorney who represented the victims, said he and his clients met with prosecutors Wednesday afternoon and was told about their decision not to file criminal charges. “My clients are obviously very disappointed that he’s not going to be charged,” Picerno said. “They simply cannot believe that he’s still employed by KCPD based upon the amounts of incidents that he’s been involved in.”

In September, the Police Department agreed to pay $3.5 million to settle a civil lawsuit in the shooting deaths before the case went to trial. In a written statement, the Kansas City Police Department said the prosecutor’s decision was based on the office’s independent review of the facts and evidence surrounding the shooting.

“Any loss of any life is tragic, and we recognize the deep pain and emotions this decision may bring to the family, loved ones, and members of our community. Our thoughts remain with all those affected,” according to the statement. The statement continued: “While the legal review has concluded, we understand that for many, the impact of this incident continues. We remain committed to transparency, accountability, and continuing to strengthen trust with our community.”

June 2023 shooting Newton was driving near East 31st Street and Van Brunt Boulevard when he saw a person on the driver’s side of a truck point a firearm out of the window toward a white van and drive off. Dashboard camera video showed Newton, who had been behind the truck, pulled up to the passenger side of the white van, occupied by Nelson, Fairchild, Thorns and two other juveniles, and immediately opened fire. Nelson, who was in the passenger seat of the van, fired twice in self-defense before the truck drove away, according to the lawsuit filed by the family against the Police Department. Newton then pulled up to the passenger side of the white van and immediately opened fire. The van rolled through the intersection before coming to a stop. Newton fired 16 shots towards the van.

Social advocates expressed outrage over the decision not to file criminal charges. “That means that we still have a problem with KCPD’s leadership,” said Sheryl Ferguson, an organizer with It’s Time 4 Justice. “Their mantra of ‘protect and serve’ still only applies to protecting the police and not the community.” “How many more millions will one officer cost a city before he’s in the unemployment line?” Ferguson said. The Kansas City Law Enforcement

Accountability Project (KC LEAP) said in a statement, “By declining to file charges, the system has once again chosen inaction. This decision communicates that repeated, excessive, and deadly conduct can occur without criminal consequence. It further erodes trust between the community and those sworn to protect it.” “This is not a question of if someone will be hurt again. It is when. When that happens, responsibility will extend beyond the officer who pulls the trigger to every institution that had the power to intervene and chose not to,” according to the statement.

Newton’s employment In late 2024, an advisory board to the prosecutor’s office called for the Police Department to fire Newton, who at the time had killed three people and faced several other excessive force allegations. Newton, who has been with the department since 2017, has previously been the subject of excessive force allegations.

A lawsuit filed in 2024 alleged he assaulted a woman at a Platte County Walmart. Newton was working off-duty, but wearing a Kansas City Police Department uniform and driving a department patrol vehicle. The victim, Bermeeka Mitchell, began live-streaming an arrest when Newton allegedly “grabbed and twisted both her arms in a forceful manner,” her lawsuit said, and placed the heel of his boot on her foot and grinded it down. According to court documents, the Kansas City Police Department’s Office of Community Complaints sustained Mitchell’s allegations of excessive force. A May 2023 letter from the OCC said disciplinary action was taken, but it did not provide details.

On March 12, 2020, Newton shot and killed a 47-year-old unarmed man, Donnie Sanders, after a traffic stop near Prospect Avenue. Newton was not charged with the killing. Later in 2020, Newton was accused of placing his knee into the back of a woman who was nine months pregnant during an arrest. He was also one of three officers accused of beating and using a police stun gun on a teenager in 2019.

Prior to that, a woman who accused him of assault and battery in Platte County Circuit Court reached a settlement agreement for $65,000. In her letter to the victims’ families, Johnson said she remains concerned that the officer’s (Newton) continued employment as Kansas City police officer. “While employment decisions are addressed solely with KCPD and the Board of Police Commissioners, we trust their leadership will give our concerns serious consideration,” Johnson said. This story was originally published January 21, 2026 at 8:19 PM.

Read more at: https://www.kansascity.com/news/local/article314409042.html#storylink=cpy