Kansas City Police Officer Blayne Newton shouldn't have been on the city’s east side on June 9, 2023, when he killed two people and injured a third. But he had to go to the bathroom.
Newton had been assigned to North Patrol, in Clay County, because Jackson County prosecutors refused to take his cases, citing Newton’s history of using unwarranted excessive force, according to several sources.
Last week, Jackson County Prosecutor Melesa Johnson declined to file criminal charges against Newton, though she had told KCPD leadership she had concerns about his continued employment on the force. In a letter to KCPD Chief Stacey Graves, Johnson alluded to “potential consequences” Newton’s history posed for prosecutors taking on cases Newton is involved in.
Officers arriving on the scene of the triple shooting in June 2023 can be heard on dashcam video saying that it was a “s--- show,” and “You’re not going to believe this s---,” said John Picerno, an attorney for the families of Marcel Nelson and Kristen Fairchild. In November they were awarded $3.5 million in a wrongful death lawsuit against Newton.
“It was well known he wasn’t supposed to be there,” Picerno said.
KCPD Capt. Jake Becchina would not confirm that Newton was assigned to the Clay County office and would only disclose that he is assigned to Patrol Bureau.
As for the prosecutor’s office's refusal to take Newton’s cases, Becchina said, “That’s a prosecutor decision. I will leave that for her or her office to speak about.”
Newton came upon an ‘armed disturbance’
Newton told investigators he was headed for a KCPD station around 10 p.m. in his patrol car because he needed to use the restroom. He was stopped at a light at East 31st Street and Van Brunt Avenue. That’s when he came upon an “armed disturbance,” according to court documents. Someone in the truck ahead of him was leaning out of the window and was holding a rifle, Newton claimed.
A white minivan to the left of him was in a “cockeyed position” in the left-hand lane, Newton said. When the light turned green, he started to pursue the truck, Newton said, but when he pulled up along the minivan, the man in the passenger seat “pulls up a firearm out of the window and starts firing (at the truck) in front of him,” Newton told investigators.
Newton fired into the van 16 times, killing the passenger, Nelson, and the unarmed driver, Fairchild, both 42, and injuring a third person in the backseat, Jaden Thorns, Nelson’s teen nephew who was shot in the forehead. Two others in the van were not hit. Nelson was armed, but it’s unknown where his weapon was located.
After Johnson announced her decision to refrain from filing criminal charges against Newton, Becchina said the department respected the role and responsibility of her job and understand the impact for many remains.
“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,” he said. “Our thoughts remain with all those affected.”
Newton’s history of excessive force
Newton was already well known for the fatal shooting of Donnie Sanders, an unarmed 47-year-old Black man, in March 2020 after chasing him for speeding. Sanders’ family has filed a $10 million civil case against the department.
In 2024, former Prosecutor Jean Peters Baker called on KCPD to fire Newton because he was a risk to public safety. Another case was settled for $65,000 when a Kansas woman accused Newton of assault.
Jackson County prosecutors refused to take Newton’s cases because under the Brady rule, named after a famous 1963 U.S. Supreme Court case, prosecutors must disclose all material evidence, even if it’s favorable to the accused. In Newton’s case, that would mean telling defense attorneys that he had this violent history.
“This office has serious and ongoing concerns about (Newton’s) pattern of behavior and the potential consequences it poses for other cases in which he is involved,” Johnson wrote in her letter to Graves. “(Newton’s) record is discoverable and it has the potential to undermine the integrity and viability of prosecutions involving (Newton)."
Prosecutors met with the families of Nelson and Fairchild last Wednesday, Picerno said, and explained the difficult decision. He said the family is incredulous that Newton is still working for KCPD.
“I think they’re doing all they can do,” Picerno said of prosecutors’ decisions on Newton. “This is all on KCPD.”