Prosecutors will not charge Kansas City police officer who shot and killed Malcolm Johnson
Nearly two years after a Kansas City police officer shot and killed Malcolm Johnson during an altercation at a gas station, prosecutors announced Monday no charges will be filed in the case.
The shooting of Johnson, who was Black, has been criticized by community leaders who have for years raised concerns about killings of Black men by the Kansas City Police Department. In Johnson’s case, local leaders pointed to discrepancies between the police department’s initial account of events and videos from the scene obtained days after the March 25, 2021, killing.
Experts who reviewed the video also said the two officers who initially confronted Johnson in the gas station did not give Johnson a chance to surrender and put bystanders at risk.
The St. Louis County Prosecutor’s Office handled the charging decisions after Jackson County prosecutors cited a conflict of interest in handling the case.
“We regret the loss of Mr. Johnson’s life, as well as the injury to the police officer who also was shot in the incident, and regardless of the legal conclusions, any loss of life and injury to an officer is tragic,” Christopher King, a spokesman for the prosecutor’s office said in a written statement.
Kansas City Police Chief Stacey Graves said Monday’s decision was the culmination of an “independent investigation meant to inspire trust in the review of KCPD’s use of force.”
“We recognize there is still work to do with our community to build that trust and under my leadership relationships are among my top priorities.”
Sheryl Ferguson, an activist with It’s Time 4 Justice, said the prosecutor’s decision was devastating.
“To think you could be face down with 5 officers on top of you and be executed with two gunshot wounds to the head and not face charges is unimaginable. Only in KC,” Ferguson said. “This is the reason for our high unresolved murder rate. We can never trust the police, or the prosecutor.”
Shooting seen on video
About 6 p.m. on the day of the shooting, two police officers looking for Johnson, 31, in an unrelated shooting approached him with guns drawn inside a gas station at 63rd and Prospect. As seen in surveillance video, the officers grabbed Johnson and a struggle ensued.
As more officers tried to restrain Johnson on the ground, shots were fired. A wounded police officer shot Johnson twice in the head, according to prosecutors.
The videos raised questions about what happened. And several experts identified missteps throughout the confrontation: Johnson did not have a chance to surrender when the officers cornered him in the store and bystanders were put in danger.
Community activists also expressed concern about excessive force and questioned why deadly force was used on a man who was restrained.
The Missouri State Highway Patrol investigated the shooting and alleged Johnson fired a shot at an officer who returned fire.
According to the prosecutor’s office, a Glock handgun was found under Johnson’s body. One spent casing was located in the gun’s chamber. The bullet that struck the officer could have been fired from the Glock, but was too damaged to make a positive determination, the prosecutor’s office said. An exam of the firearm did not yield any DNA profiles suitable for testing. But prosecutor’s said evidence was consistent with Johnson having a firearm and using it to shoot an officer.
“The physical evidence does not corroborate a theory that one officer mistakenly shot the second officer,” the report said.
The highway patrol completed its investigation in June 2021 and the case was sent to the Jackson County Prosecutor’s Office, who cited a conflict of interest stemming from prior cases involving Johnson. A special prosecutor in St. Louis County was appointed.
Two attorneys and an investigator were assigned to the review. They conducted interviews and requested DNA, fingerprint, ballistic and other physical evidence examinations, the prosecutor’s office said.
Delays in investigation
On Feb. 21, organizers with It’s Time 4 Justice said the long investigation process has resulted in a lack of answers, justice and closure for Johnson’s family.
The prosecutor’s office said the investigation was initially delayed because the special prosecutor’s appointment was not budgeted. Then the review team conducted its own investigation, including interviewing witnesses who had not talked to the highway patrol and ordering new testing on physical evidence.
The team concluded that the officer acted in lawful self-defense.
“There is insufficient evidence to prove beyond a reasonable doubt that the officer who shot Malcolm Johnson was not acting in lawful self-defense or defense of others under Missouri law,” the special prosecutor’s report said.
“Further, there is insufficient evidence to prove beyond a reasonable doubt that officers involved in the arrest of Malcolm Johnson acted unlawfully under Missouri law.”
In recent years, five KCPD officers have been charged with violent crimes against Black people, including in a fatal shooting. Former detective Eric DeValkenaere was found guilty of involuntary manslaughter in the death of Cameron Lamb. The other four cases involved assaults.
The Department of Justice is also investigating the Kansas City Police Department after allegations of racial discrimination within the department surfaced last year.
This story was originally published March 13, 2023 at 11:06 AM.
