17 years later, Johnson County prosecutor announces charge in Apple Market killing
Seventeen years after a Westwood, Kansas, grocery story employee was shot and killed in an attempted robbery, a man already in prison for involuntary manslaughter has been charged with murder.
Johnson County District Attorney Steve Howe announced at a Thursday news conference that Eugene Clayton Keltner, 40, faces a first-degree murder charge in the killing of 68-year-old David “Ray” Ninemire.
Ninemire’s death had been a mystery since he was shot in 2003 at the former Westwood Apple Market near Mission Road and West 47th Avenue. The location is now a Walmart store.
Keltner is currently incarcerated at a prison in Lansing, serving a sentence for the the shooting death of Miguel A. Morales, which occurred in Kansas City, Kansas nearly a year after Apple Market killing.
He was also convicted of a host of other crimes, including aggravated robbery, aggravated battery, child endangerment and theft.
Howe announced the latest charge against Keltner on Thursday afternoon alongside Westwood Police Chief Greg O’Halloran and Johnson County Sheriff Calvin Hayden.
“It has been an incredible journey for law-enforcement and our office that have worked this case to the point we can announce these charges,” Howe said. “ I am very pleased with the dedication and perseverance of these investigators who have worked very hard to get us to that point.”
Hayden credited the work of many officers, detectives and agencies over the years. This included a number of former retired law enforcement officers who came together to form a cold case squad focused on this homicide.
“They started going through this case piece by piece, word by word and started eliminating suspects,” Hayden said. “In the process, our investigators turned up some new suspects. It turned out to be just the thing to solve this case.”
On Aug. 15, 2003, Ninemire, a produce manager, was shot by a robber who was described at the time as wearing a disguise — a black hat, wig, a fake beard and a dark coat — which made him look like an Amish man or Abraham Lincoln.
Ninemire was just a few minutes from going home when the unknown man walked in and confronted a 70-year-old cashier, who screamed.
When Ninemire rushed to his co-worker’s aid, the robber turned and fired. Ninemire was struck by a bullet which severed his femoral artery. The shooter was last seen walking away from the store.
Despite attempts by co-workers and police to save him, Ninemire bled to death before medical help could arrive.
Just days earlier, he had decided to retire.
In a statement read Thursday by police chief O’Halloran on behalf of the victim’s family, Ninemire was described as a devoted father, a painter and a man of faith.
While he often picked up extra hours to bring more money home to his family, it wasn’t unusual for Ninemire to give the extra earnings away to someone who needed it more, family wrote.
“The family was not surprised that his final act here on earth was to rush to the aid of another,” O’Halloran said.
Ninemire’s death was the first homicide in Westwood since the small Johnson County community was incorporated in 1949. The case was featured on “America’s Most Wanted.”
Billboards went up offering cash for information — the reward at one time reached $35,000, boosted by $5,000 from a 2006 executive order by then-Kansas Gov. Kathleen Sebelius. Many individuals and businesses also donated reward money.
On Thursday, Howe declined to discuss the details of the case or what specifically led to the charge.
He said a number of aspects were involved, including reassessing evidence and re-interviewing witnesses.
A fresh set of eyes can really make a difference in an investigation, Howe said, adding that investigators really began to make progress on pinpointing a suspect two years ago.
Howe would not say whether Keltner was a suspect from the start.
Lew Hoskins, a former major who retired from the Johnson County Sheriff’s department 25 years ago, said he jumped at the chance to help with the cold case, even though he wasn’t familiar with it at the time.
When he joined the team, he was presented with volumes of information.
“Through the process of elimination, gathering of intelligence that was available back then and just putting two and two together” they came up with a suspect, Hoskins said.
During the investigation he met Ninemire’s widow, Phyllis Ninemire. He said she was heartbroken the case hadn’t yet been solved.
“I can’t tell you how good it feels to know that she has some closure and probably can sleep a little sounder,” Hoskins said.
Ninemire was survived by his wife of 44 years, their four children and 10 grandchildren.
Since his death, Ninemire has become the great grandfather to 15 children, his family said Thursday.
A memorial plaque at the site of his killing reads, “’Ray’ is missed every moment of each day by his loving family and many friends.”
Gun violence will be the subject of a new, statewide journalism project The Star is undertaking in Missouri this year in partnership with the national service program Report for America and sponsored in part by Missouri Foundation for Health. As part of this project, The Star will seek the community’s help.
To contribute, visit Report for America online at reportforamerica.org.
This story was originally published August 27, 2020 at 2:17 PM.
