KSHB 41 reporter Ryan Gamboa covers Miami County in Kansas and Cass County in Missouri. He also covers agricultural topics. KSHB 41 has extensively covered this story since 2023. Ryan has also covered stories involving this family. Share your story idea with Ryan.
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Jackson County Prosecutor Melesa Johnson announced, her office will not file criminal charges against a Kansas City, Missouri, police officer that shot and killed Kristen Fairchild and Marcel Nelson in 2023.
"It just behooves me how our system is so narrow-minded to the ongoing fact of harm being done by the same one officer," Eboney Allmon told KSHB 41 News reporter Ryan Gamboa in an phone interview Wednesday night. "Our law is not holding him accountable. I am hurt. Our family is upset that he’s still able to carry his badge and go to work."
Allmon's brother, Marcel Nelson, was riding in the front seat of Kristen Fairchild's minivan. Her son, Jaden Thorns, was riding in the backseat.
Dash cam video obtained by KSHB 41 News shows Newton's police cruiser approaching the intersection at East 31st Street and Van Brunt Boulevard.
The video shows a person in a truck next to Fairchild's van wielding a rifle. The rifle, according to Newton, was pointed at the van. Dash camera video confirmed Newton's story.
Newton is seen on camera firing 16 rounds from his department-issued handgun into Nelson's passenger side window before pursuing the truck.
Nelson and Fairchild died at the scene. Thorns suffered a gunshot wound to the head.
"With this decision, they opened up fresh wounds," Allmon told Gamboa. "Justice has not been served as long as this gentleman is still in his uniform and it’s only a matter of time until he hurts someone else and not be held accountable for that as well."
Prosecutor Johnson stated in a news release on Wednesday night that her office had completed a review of the case and stated “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 the news release.
The prosecutor's office determined Newton used permissible force in defense of others, responding to the front seat 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 another.
The release also states dash camera video shows the officer fired continuously at the front passenger, his intended target, and additional evidence supports that he was unaware anyone was in the backseat.
“To be clear, this Office remains concerned about the circumstances of this shooting," Johnson stated in the release. "Two parents and spouses were killed, and a young man was hurt. 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.”
Allmon and the families impacted by the shootings have been working with KC LEAP, the Kansas City Law Enforcement Accountability Project, a nonprofit whose mission is to hold police accountable.
"We have no faith in our justice system at all when it comes to police," KC Leap Co-founder Steve Young shared with Gamboa Wednesday night. "We say that he’s a serial killer because he’s now killed 3 people and shot another person in the head."
Officer Newton has an extensive history with excessive force and is still employed with the Kansas City, Missouri, Police Department.
In 2022, a $65,000 settlement was approved for excessive force that involved Newton.
He's also killed three people while on the job, including Donnie Sanders in 2020.
Under an advisory board of former Jackson County Prosecutor Jean Peters Baker's administration in 2023, it was recommended Newton's employment be reconsidered.
Meeting minutes from a 2020 KCMO Board of Police Commissioners meeting revealed commissioners received 15 emails calling for Newton's removal.
“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 in the Wednesday night news release.
Jackson County Judge Sarah Castle approved a $3.5 million settlement in a civil suit against Newton in November 2025.
"This cop has cost the taxpayers of Kansas City, Missouri, so much money," Young said. Cause it's not just this $3.5 million lawsuit, there’s other lawsuits that they’ve had to pay out because of Blayne Newton. I guarantee you if it was me, they would’ve found a way to prosecute me."
Allmon told Gamboa she fears Newton will hurt other families in Kansas City who are asking for change in the system.
"I think it’s more or less I stand here, not in anger, but to ask for results," Allmon said. "Because of what happened to my brother and my child must matter. It must never happen again, unless things seem to change."
KSHB 41 contacted John Picerno, an attorney representing Kristen Fairchild's family for comment.
"We had a meeting with my clients and the prosecutor at 4 p.m. today when they explained their decision-making process to my clients," Picerno said. "Obviously, they are very disappointed. They just don’t understand how he can continue to be employed by KCPD.”
The Kansas City, Missouri Police Department sent KSHB 41 a statement on Wednesday night:
Today, the Jackson County Prosecutor announced her decision regarding the June 9th, 2023, officer-involved shooting at 31st and Van Brunt that resulted in the death of two people and injury to a third. This outcome follows the Prosecutor’s independent review of the facts and evidence surrounding the incident.
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.
The prosecuting attorney independently evaluates whether criminal charges are warranted under the law, and we respect the role and tremendous responsibility of that process. 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.
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