KANSAS CITY, Mo. — The family of a man killed by Kansas City, Kansas, police in February 2023 has filed a federal lawsuit against police alleging excessive force.
Around 6 p.m. on Friday, Feb. 3, 2023, police were called to a home in the 5400 block of Haskell Avenue after receiving a 911 call from John Anderton that his two friends had just overdosed and needed help.
According to the lawsuit filed Tuesday in U.S. District Court, District of Kansas, Anderton, 50, initially tried to help his friends by performing CPR, but after paramedics arrived, he left the house on his bicycle because he was concerned the incident would make worse his chronic obstructive pulmonary disease.
A KCK police officer, later identified as Colin Ward, located Anderton nearby while still on his bicycle. Court documents say Ward asked Anderton why he left the house where his friends had overdosed. Anderton told Ward he left because of his medical condition.
After a brief verbal discussion, the officer commanded Ward to “put the bike down and put your hands on top of your head.” Court documents indicate Anderton turned away from the officer and ran a short distance down the road.
Ward chased after Anderton, telling him to “stop reaching.”
Court documents indicate that as Anderton continued to run away from the officer, Ward fired 12 shots at Anderton’s back, striking him five times. Anderton would later die from his injuries.
As part of an agreement between KCKPD and the Kansas City, Missouri, Police Department, KCPD launched an investigation of the incident. Their report was eventually sent to Wyandotte County District Attorney Mark Dupree, who declined to press charges against Ward in August 2023.
Investigators later found a gun near Anderton and Dupree's investigation found he was reaching for it during the altercation.
"The officer ordered Anderton to stop reaching," Dupree said in a statement when announcing he would not file charges. “Anderton did not comply. The police recovered the gun at the scene. The officer acted within the bounds of well-established use of force law in Kansas."
While body camera footage of police incidents is normally not released in Kansas, because KCPD investigated the incident, a Platte County, Missouri, judge found that KCPD could release the records. Several media outlets, including KSHB 41 News, received footage in December 2024 from Anderton’s altercation, which was one of two police cases KCPD investigated.
Footage of Ward's body camera video reviewed by KSHB 41 News shows the officer getting out of his patrol car before approaching Anderton on a blue bicycle and wearing a red jacket. For more than a minute, Anderton answers questions about his name, date of birth and other information.
Video then shows Anderton take off and attempt to mount the bicycle but fails as he walks over toward a grassy area on the side of the road. The video shows Anderton's arm reaching toward his belt area. He continues to disregard commands by Ward, who eventually opens fire.
Anderton drops to the ground as Ward takes cover by a nearby car. As Ward shouts at Anderton to put his hands up, Ward radios for help. After several seconds, Ward calls for paramedics.
The lawsuit, filed by Anderton's brother, Eric Anderton, names the Unified Government of Wyandotte County and Kansas City, Kansas, KCK Police Chief Karl Oakman and Ofc. Ward as defendants.
Anderton's attorney, Tom Porto, alleges Ward used excessive force. He also alleges that the UG and Oakman used excessive force through their enacted policies at the time of the incident. The suit also alleges Oakman, as Ward's supervisor, violated Anderton's constitutional rights under the Fourth and Fourteenth Amendments. Three additional claims of negligence are also levied against Ward, Oakman and the UG.
A KCKPD spokesperson told KSHB 41 News Wednesday the agency does not comment on pending litigation.
You can watch the incident in the video player below. The video is graphic.
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