Kansas City police pay $200,000 to man injured by tear gas canister during Plaza protest

Kansas City police commissioners agreed to pay $200,000 in a legal settlement to a man severely injured after police fired a tear gas canister during a demonstration against police brutality last summer on the Country Club Plaza.

The settlement is the latest in a string that the department has paid out for instances of excessive use of force. One difference, however, is the settlement was not the result of a lawsuit filed by the man, who asked that he not be identified our of concerns for his safety.

Sgt. Jacob Becchina, a police spokesman, said “there is still additional litigation in regard to this case pending, so we will not comment at this time to ensure fairness for all sides in the process.”

The Kansas City Police Department currently has several lawsuits pending, though. In June, the family of Cameron Lamb, who was shot by a detective in 2019 as he sat in a pickup truck in his own backyard, filed a $10 million lawsuit against the department. As part of that suit attorneys for Lamb’s family noted that other past excessive force claims have lead to large settlements.

The department paid out $725,000 to settle a lawsuit brought by a 15-year-old boy who, during a 2019 arrest, suffered a gash on his head, as well as broken teeth. A sergeant, Matthew Neal, has been charged with felony assault in that case.

The mother of Robert White, who was fatally shot by officers three years ago, sued June 11 over his death. That lawsuit contends that officers recklessly fired at least 17 bullets into White as he was being used as a “human shield” by another man armed with a gun June 14, 2018, at the Barney Allis Plaza near 12th and Wyandotte streets in downtown Kansas City.

Two other members of the police department, Officers Charles Prichard and Matthew Brummett — who were indicted last year for their parts in a widely-criticized arrest of a transgender woman — were also sued earlier this year. In that case, a man named Troy Robertson claimed the officers injured him so badly in 2019 that he now suffers from seizures and post-traumatic stress.

The man awarded $200,000 as part of the most recent settlement said he suffered a compound leg fracture when the tear gas canister struck his leg.

He said was among hundreds of protesters who had gathered at the Plaza on May 30, 2020, to demonstrate against the killing of George Floyd in Minneapolis and police brutality. He was about 10 feet from police officers when what he presumed was a tear gas canister slammed into his leg. Several protesters helped him to the hospital, where the man remained for several days.

At the time of the incident, a police spokesman said that tear gas was only deployed when crowds became disruptive when demonstrators threw water bottles, rocks or other items. Officers gave warnings for several minutes before they use tear gas on the crowd, the spokesman said.

The man said he did not hear police issue a warning before they deployed the tear gas.

The protests for racial justice that took place last summer resulted in more than 150 arrests in Kansas City. Police doused pepper spray and fired tear gas several times, provoking criticism and calls for Police Chief Rick Smith to resign.

Nicholas McQuillen, a Kansas City police officer, faces a misdemeanor charge of fourth degree assault after he was seen in the viral video pepper spraying a man and his teenage daughter at a protest at the Plaza.

A grand jury indictment alleges McQuillen “recklessly caused physical pain to ... a juvenile, by spraying a chemical agent at and/or near her face and eyes.”

The criminal case against McQuillen remains pending and a jury trial is scheduled to begin April 11, according to court records.

The Star’s Luke Nozicka contributed to this reporting.

This story was originally published August 18, 2021 at 1:15 PM.