KANSAS CITY, Mo. — A Kansas City, Missouri, police officer won’t face criminal charges in connection with a 2023 police shooting that left two people dead.
Around 9 p.m. on June 9, 2023, officers were called to the intersection of E. 31st Street and Van Brunt on a report of an altercation.
At some point during the police response, KCPD Ofc. Blayne Newton opened fire, fatally striking Marcell T. Nelson and Kristen Fairchild, both 42.
On Wednesday, Jackson County Prosecuting Attorney Melesa Johnson announced her office had completed a review of the case, saying “criminal charges could not be ethically or legally filed.”
“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.
LINK | Read Johnson’s decision letter
"We are heartbroken that, despite the severity of what happened and the lasting harm it caused, the officer involved did not face any charges," the family of Nelson said in a statement Wednesday to KSHB 41 News. "As a family, we are struggling to understand how such a level of force could be used without accountability."
In the months and years following the deadly shooting, family members of Nelson filed a wrongful death lawsuit against KCPD. The suit was settled in November 2025 for $3.5 million.
As part of her announcement on Wednesday, Johnson said that despite not filing charges, “this Office remains concerned about the circumstances of this shooting.”
“Two parents and spouses were killed, and a young man was hurt,” 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.”
Newton, the officer who fired the shots, is involved in other cases over his behavior as an officer.
Johnson said she spoke with KCPD leadership about his continued employment with the agency.
“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.
Attorney John Picerno represented one of the families in the wrongful death lawsuit. He said he met with the family and the prosecutor at 4 p.m. Wednesday to learn Johnson's decision.
"Obviously, they are very disappointed," Picerno said. "They just don’t understand how he can continue to be employed by KCPD.”
It's not the first time the prosecutor's office has made such a recommendation.
In 2023, an advisory board under the administration of former Jackson County Prosecutor Jean Peters Baker recommended Newton's employment be reconsidered.
In 2022, a $65,000 settlement was approved for excessive force involving Newton.
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