Wrongful Death Lawsuit Ends in Settlement for KCPD Officer Accused of Excessive Force

Lawsuit Against Kansas City Police Officer Settled Before Trial

A lawsuit against a Kansas City police officer with a history of excessive force allegations was settled before it could go to trial. The case involves the tragic shooting of two individuals in June 2023, an incident that has sparked significant community concern and calls for accountability.

The incident occurred on June 9, 2023, around 9 p.m., when Blayne Newton, a Kansas City police officer, shot and killed Marcell Nelson and Kristen Fairchild at an intersection near 31st Street and Van Brunt Boulevard. Jaden Thorns, who was also present, was shot in the head but survived. The plaintiffs in the lawsuit include Thorns, Fairchild’s son Clay Gardner, Fairchild’s wife Julia Morrison, Nelson’s wife Aide Nelson, and their children Dev'yon, Raheim, and Nehmiah Nelson. The lawsuit was settled for an undisclosed amount.

Details of the Shooting

According to the lawsuit, Newton was waiting in traffic when he noticed a pickup truck stopped in what he considered a suspicious location. Dash cam footage from Newton’s vehicle showed someone on the driver's side of the truck pointing a firearm out the window toward a white van occupied by Nelson, Fairchild, Thorns, and two other juveniles. Nelson, who was in the passenger seat of the van, fired twice in self-defense before the truck drove away.

Newton then approached the van and opened fire, firing a total of 16 times. The van rolled through the intersection before coming to a stop. The lawsuit claims that Nelson was not pointing or firing a weapon when Newton approached. Fairchild suffered severe injuries and later died at the hospital, while Nelson was dragged from his seat and died before reaching the hospital.

Thorns, who was handcuffed at the scene, sustained a minor injury to his forehead, and the two other juveniles in the van were unharmed. The lawsuit emphasizes that Nelson did not pose a threat to Newton during the encounter.

Reactions and Internal Comments

Recordings from other officers at the scene described the event as chaotic. One officer reportedly said, “He's not even supposed to be down here. This one is serious, Stacy don't play.” Another officer overheard saying, “Oh my God,” after learning Newton was involved.

Despite the severity of the incident, KCPD’s Notable Event Review Panel made no training or policy recommendations following the shooting. No criminal charges have been filed as a result of the incident.

Long-Term Effects on Survivors

The trauma of the incident continues to affect those involved. Thorns, who was Nelson’s uncle, suffers from PTSD, anxiety, and depression. He experiences disturbing memories and dreams related to the shooting, along with trouble sleeping and concentrating. After the incident, Thorns left Kansas City for several months, struggling to cope with the aftermath.

Clay Gardner, Fairchild’s son, faced homelessness after the shooting. He reported experiencing panic attacks and turning to alcohol to cope with the loss of his mother. Both Thorns and Gardner face ongoing emotional and psychological challenges due to the incident.

History of Excessive Force Allegations

Blayne Newton has a documented history of excessive force allegations. Since joining the department in 2017, he has been accused of using excessive force at least four times. In February 2024, Bermeeka Mitchell sued Newton for assault and battery after being arrested at a Walmart in 2022. During that incident, Newton allegedly grabbed and twisted her arms and used force against her.

In March 2020, Newton shot and killed Donnie Sanders, an unarmed man, during a traffic stop. Later that year, he was accused of placing his knee on the back of a pregnant woman during an arrest. In 2019, he allegedly beat a teenager and used a stun gun on him, alongside three other officers.

Concerns about Newton’s conduct have been raised in multiple meetings of the Kansas City Police Department Board of Police Commissioner since 2020. In one meeting, the department received 15 emails calling for his removal.

Financial Impact on the Department

The financial burden of these incidents has been significant. Since 2021, nearly $20.8 million has been spent to resolve lawsuits against KCPD. In 2024, the department paid nearly $3 million in legal settlements, and in June 2025, the Kansas City Board of Police Commissioners approved a $6 million payment. Approximately 17% of these settlements involve excessive force allegations.