Jackson County prosecutor fears bias in Malcolm Johnson case; requests special prosecutor
Jackson County Prosecutor Jean Peters Baker has asked a judge to appoint a special prosecutor to determine whether criminal charges should be filed in the fatal police shooting of a 31-year-old Kansas City man.
In a four-page court filing, Baker said her office is seeking the request due to a potential conflict arising from prior criminal cases involving Malcolm Johnson, who was fatally shot March 25 by Kansas City police inside a gas station convenience store at 63rd Street and Prospect Avenue.
“An assessment of Mr. Johnson’s history raises concerns for the neutrality of the Jackson County Prosecutor’s Office to review the file,” according to the motion obtained by The Star. “Through this request the prosecutor’s office seeks to avoid the appearance of a conflict of interest on a matter of such high community concern.”
Baker said her office has requested that an assistant prosecutor from St. Louis County review the case file and determine whether the shooting was justified or not under Missouri law.
In the court filing, Baker’s office cited various prior legal cases where a judge allowed one be appointed due to a potential conflict.
“Given the nature of the relationship and the recent criminal prosecution for serious crimes of violence with this office, I respectfully ask this Court to appoint a special prosecutor to review and make decisions regarding the review of the 2021 fatal shooting of Malcolm Johnson,” according to the filing.
In 2014, Baker’s office charged Johnson in the killing of Monteario Hogan, who was found shot to death behind the Family Dollar store at 5242 Blue Ridge Blvd. Three years later, Johnson pleaded to reduced charges of involuntary manslaughter and armed criminal action.
The Rev. Darron Edwards, lead pastor of the United Believers Community Church, said a special prosecutor would be welcomed.
“There’s a history of antagonism between [Baker] and KCPD,” Edwards said. “Personally, I can attest that [Baker] is not a personal favorite of our current top cop. So we need someone who can carry out the investigation and interrogation without intimidation.”
KCPD fatal shooting
Police identified Johnson as a suspect in a March 15 nonfatal shooting. On March 25, officers confronted Johnson inside of a gas station convenience store where they attempted to arrest him.
An altercation ensued between Johnson and the officers. One officer was wounded in the leg during the struggle with Johnson.
The Missouri Highway Patrol said it concluded its investigation of the shooting and forwarded the findings to Baker’s office. The prosecutor’s office received the case file of the shooting from the Missouri Highway Patrol early last month.
Police have said Johnson drew a weapon and shot an officer while he resisted arrest inside the gas station. An officer returned fire, killing Johnson, police said.
However, a pair of videos surfaced by a group of clergy in the weeks following the shooting that challenged the police narrative of the shooting. The videos appeared to show Johnson heavily restrained by police as he was being arrested, raising doubt among some about the series of events provided by the highway patrol.
One surveillance video from inside the gas station showed two officers enter with their weapons drawn as Johnson is standing at the front counter, scratching off a lottery ticket. He tries to run away, the video shows, but the officers grab Johnson and take him to the floor.
A second video obtained by faith leaders appears to be filmed with a cellphone from behind the store counter. The video showed five police officers struggling with Johnson for nearly three minutes before three gunshots are heard.
It is difficult to determine from the video alone the order of the gunshots or their origin.
Faith leaders, community activists and police use of force experts have criticized the way Kansas City police are seen handling the arrest — entering the store with their firearms drawn. Johnson was never given the opportunity to surrender and innocent bystanders were placed in danger, experts told The Star.
Kansas City police said they were trying to arrest Johnson for a shooting that happened 10 days earlier. Johnson was accused in a shooting that happened March 15 in the 9700 block of East 43rd Street. In that shooting, a bullet grazed the foot of a man at a residence there.
