KANSAS CITY, Mo. — The family of a 1-year-old girl who was shot in the foot by a Kansas City, Missouri, police officer six years ago will receive $100,000 after a settlement was reached in federal court.
KCPD Officer Terrence Brown was performing traffic enforcement on Aug. 28, 2015, along U.S. 71 when he alleges that a red Dodge Magnum drove by at a high rate of speed.
Brown pursued the vehicle but ultimately lost sight of it. He was alerted to a vehicle of a similar make and model on East 53rd Street near Wabash Avenue and attempted to stop it.
Instead, Brown said the vehicle sped up toward him, prompting him to drop his motorcycle and open fire.
Brown fired nine rounds through the side and rear of the Magnum as it drove past him. He claimed the vehicle struck his motorcycle, though eye witnesses disputed that claim.
One of those rounds struck the 1-year-old, who was a passenger in the vehicle, in the right foot.
The child, who is now 6-years-old, had to have surgery and suffered “severe/permanent disfigurement of her right foot,” according to federal court documents.
“The injuries that resulted from this incident are unfortunate, and we are sorry for the pain this family has experienced,” KCPD said in a statement regarding the settlement. “We train regularly and consistently to respond to rapidly evolving dangerous situations and bring them to a safe resolution while minimizing the risk to the community and the officers involved.”
The child’s mother, who is not being identified to protect the identity of the minor, sued Brown and the KCPD Board of Police Commissioners, alleging that Brown committed assault by excessive use of force and that the KCPD failed to properly train, supervise and discipline.
Brown remains employed in KCPD's Patrol Bureau. He has been with the department since September 2009, according to KCPD.
The case was originally filed in Jackson County Circuit Court, but it was moved to the U.S. District Court for the Western District of Missouri in October 2020.
According to terms of the settlement, the child will receive $76,000 in three lump-sum payments from a structured settlement, the first on her 18th birthday and the last on her 25th birthday.
Her mother received $9,999.99 to help care for the child.
The family’s law firm was awarded $34,000 in attorney fees.
KCPD is self-insured, so settlement money comes from its budget, according to the department.
The child's father, who was murdered in July 2020, was charged in April 2016 with second-degree assault of a law enforcement officer and pleaded guilty in January 2017 in connection with the incident.
