KANSAS CITY —Jackson County Prosecutor Melesa Johnson announced Wednesday that after a thorough review, criminal charges could not be ethically or legally filed against a Kansas City police officer involved in a 2023 shooting that killed two people and injured another.
“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,” Prosecutor Johnson said. “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.”
On June 9, 2023, a Kansas City police officer was stopped at a red light at the East 31st Street and Van Brunt Boulevard intersection when he observed occupants of a white truck exit the vehicle.
One of the occupants appeared to be armed but went back inside the vehicle and started to drive away when they noticed the officer. It appeared the occupants of the white truck, located in the right lane, directly in front of the officer, were in a dispute with two vehicles beside them in the left lane.
As the officer pulled up alongside a white minivan involved in the dispute, the front passenger fired a gun at the white truck. The officer fired at the passenger 16 times, killing him and the driver, and injuring a rear passenger.
The Prosecutor’s Office determined the officer used permissible force in defense of others, responding to the front passenger who was firing at the truck. Under Missouri law regarding transferred intent, a person cannot be held criminally liable when they unintentionally strike a third party while defending themselves or others. 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.
“To be clear, this Office remains concerned about the circumstances of this shooting. Two parents and spouses were killed, and a young man was hurt,” Prosecutor Johnson said. “Our determination that there is insufficient evidence to 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 or managed.”
In her decision letter, Prosecutor Johnson expressed serious concern about the officer’s pattern of behavior and its potential impact on other pending cases he’s involved in. She communicated those issues, including concerns about his continued employment, directly to KCPD leadership.
“While employment decisions are addressed solely with KCPD and the Board of Police Commissioners, we trust their leadership will give our concerns serious consideration,” Prosecutor Johnson said.