Prosecutors made lawful decision after KC firefighter’s death. Threats are abhorrent

You don’t have to agree with Jackson County Prosecutor Jean Peters Baker’s decision not to pursue criminal charges in the fatal shooting of Kansas City firefighter Anthony Santi. But there are far better ways to express disappointment than sending racist and sexist threats to Baker and staff. Is this what we’ve come to as a society?

Under Missouri law, threatening a prosecutor in the performance of their official duties is a felony punishable by up to seven years in prison, legal experts told us. Those responsible for the reprehensible messages must be held accountable for their hateful threats.

Disagreements in complex cases such as these are inevitable. Santi was a dedicated firefighter, EMT and father, according to his obituary. But common decency shouldn’t be shoved aside when duly elected prosecutors such as Baker make legal decisions we disagree with. Levying threats at public officials is never tolerable.

“We’re going to burn your f---ing house down,” an unknown voice says on a voicemail message made public this week by Baker’s office. “Every f---ing last one of you that live(s) there. We’re f---ing coming for ya’. We see what the f--- you’re doing.”

The expletive-filled voicemail contained other racist and sexist rhetoric not suitable for publication. The vile message is an abhorrent act that must be taken seriously. The voicemail and more than a dozen other messages to Baker’s office were forwarded to the Jackson County Sheriff’s Office for review, law enforcement officials told us Tuesday.

On Oct. 6, a dustup inside an Independence convenience store over cigars led to a fight between Ja’Von L. Taylor, 23, and Santi, a 41-year-old off-duty Kansas City firefighter. In a news release, Baker’s office explained prosecutors’ decision not to file charges against a woman who fatally shot Santi. Under Missouri’s “stand your ground’‘ self-defense law, the woman had the legal authority to fire the single shot that killed Santi, according to Baker, who like most prosecutors, took an oath to uphold the law without fear or favor.

No doubt this is a muddied case. It appears to have been Taylor who escalated the incident when he argued with a store clerk. After the clerk and Santi told the man to leave the store, he refused and then went to his car and grabbed a gun. It’s hard to not to see how Taylor’s conduct contributed to the deadly incident.

And yet the law seems clear that the woman was within her rights to stop a deadly threat with lethal force.

The woman shot Santi in the back as he held Taylor in a headlock outside the convenience store in Independence, according to a witness, who told investigators Taylor was “totally helpless” in the headlock and “turning purple,” prosecutors said.

“The rule of law required that this case be declined,” prosecutors said in the news release from Baker’s office.

Although Taylor drew the gun that he and Santi eventually fought over, the woman saw Taylor being strangled, and she had a right to end the threat to life with deadly force, as allowed under Missouri law. Taylor, a convicted felon, is facing federal charges for unlawful possession of a firearm.

“The witness believed that he heard the victim of the shooting say to the man he was choking, ‘I’m killing you,’” the prosecutor’s office wrote in its release.

As her hands shook, the woman begged Santi to stop choking Taylor, prosecutors said, adding: “These statements and video evidence from the convenience store support the defense of others provision as codified in Missouri law.”

It should not be lost on anyone that Santi’s death is a tragic outcome of this incident. His life as a firefighter was dedicated to public service. We grieve for his family, friends and the firefighter community.

But the use of deadly force in defense of others has been permitted under Missouri law for generations, Annie Gibson, president of the Missouri Association of Prosecuting Attorneys, wrote in a statement on behalf of the group. She added: “This is a tragic case.”

We’ve long had questions about Missouri’s “stand your ground” law, which, when abused, can invite unwanted vigilante justice. But in this case, the law as it is written was used as intended to save a life, according to prosecutors. Even if some don’t agree with the decision, threats to prosecutors are against the law and unacceptable behavior.

This story was originally published October 26, 2022 at 11:04 AM.