Jackson County Prosecutor Melesa Johnson announced that after thorough review, criminal charges will not be filed against the Independence police officer involved in the November 2024 shooting, resulting in the deaths of a woman and her infant.
“We did not arrive at this decision lightly. The loss of a young mother and her infant are devastating and tragic,” said Prosecutor Johnson. “However, as prosecutors, we are bound by an oath to apply the law and analyze facts without being guided by the sympathy we feel for all those impacted. Our purpose is to determine if what was done was reasonable, defined by Missouri law, and not whether it was the best course of action.”
On Nov. 7, 2024, Independence police officers responded to a reported assault at an apartment complex. After documenting the witness’s injuries, officers determined they had enough evidence to arrest the woman for assault.
A witness allowed officers into the apartment unit where they located the woman in a bedroom closet, holding her infant. Body camera footage shows the woman was non-verbal during the encounter, communicating only through gestures. The officers requested a Crisis Intervention Team to help resolve the situation and contacted the Children’s Division to help with the infant’s care.
The woman then moved out of the closet and sat on the bed in the bedroom. As officers were discussing how to safely take the woman into custody, she suddenly grabbed a butcher knife from the bedside table while holding the infant. Body camera footage showed the woman moving toward one officer, who was able to back away toward the hallway. She then turned toward the shooting officer who was backed against a closet without space to retreat. The officer fired four shots in quick succession as the woman advanced with the knife, striking both the woman and the infant. Both the woman and infant died from their injuries.
Missouri law, under Section 563.046, RSMo, allows an officer to use deadly force when:
- The officer reasonably believes the person is attempting to escape by using a deadly weapon, or
- The person may endanger life or inflict serious physical injury unless arrested
Even then, according to Missouri law, the shooting officer was authorized to shoot the woman only if he reasonably believed that shooting her was immediately necessary to effect the arrest or prevent escape.
When prosecutors analyze harm to bystanders, in this case, the infant, prosecutors must determine if the officer acted intentionally or with criminal recklessness toward the bystander. Criminal recklessness requires “conscious disregarding of a substantial and unjustifiable risk” and a “gross deviation from the standard of care.”
The evidence in this case shows the officer responded to an immediate threat of deadly force when the woman approached the officers with the butcher knife; the suddenness of the attack—just seconds from the knife appearing to shots fired—left no time for a different response; and the officer had no space to retreat.
Based on these facts and following Missouri law regarding use of force, the officer’s use of deadly force falls within the protection of the law. The evidence is also insufficient to prove beyond a reasonable doubt that the officer intentionally shot the infant or consciously disregarded the risk to the child.
“We recognize the profound loss suffered by the families and our entire community and frankly wish that circumstances were handled differently. However, that is not the role of this Committee or this Office. Rather, our review of this incident is ethically and legally limited to determining only whether criminal charges are appropriate,” said Prosecutor Johnson. “While this decision may not bring the closure many seek, especially given the weight of this tragedy, we are issuing this letter to uphold our commitment to transparency.”
Read the full letter further explaining the decision here.