Man Sentenced to Life in Prison for Deaths of Six Kansas City, MO, Firefighters to be Released
Kendrick Calfee
The Kansas City Star
(TNS)
A federal judge ordered the release of Richard A. Brown this week, vacating a life sentence he received nearly three decades ago for his role in a 1988 arson that led to the deaths of six Kansas City firefighters.
The order handed down Friday in U.S. District Court for the Western District of Missouri granted Brown’s amended motion for compassionate release. The order credited him for the nearly 29 years he was incarcerated.
Senior U.S. District Judge Fernando J. Gaitan Jr. concluded that “extraordinary and compelling circumstances” justified Brown’s reduced sentence. Brown will be placed on five years of probation and must pay $536,000 in restitution to the Kansas City Fire Department, the order states.
“The Court commends Brown’s efforts and finds that his rehabilitation combined with his youth at the time of sentencing qualify as extraordinary and compelling circumstances which justify granting his motion for compassionate release,” the court order states.
Brown was 18-years-old when he and four co-defendants were convicted for setting fires at a highway construction site in southeast Kansas City on Nov. 29, 1988.
The fires ignited two trailers containing thousands of pounds of ammonium nitrate and fuel oil, causing two explosions. Killed in the blasts were Capt. Gerald Halloran, Capt. James H. Kilventon and firefighters Robert D. McKarnin, Thomas Fry, Luther Eugene Hurd and Michael R. Oldham.
A jury convicted Brown in 1997 of aiding and abetting arson resulting in death and received a mandatory life sentence under federal law that was in effect at the time.
Convicted alongside Brown were Bryan Sheppard, Earl “Skip” Shepherd, Frank Sheppard and Darlene Edwards.
Over the years, the case has been criticized by the fallen firefighter’s families, prosecutors and the defendants convicted alongside Brown, who have maintained their innocence.
Calls for accountability came after a Department of Justice report said there was credible evidence two other people may have also been involved in starting the fires, but that there was no evidence found to exonerate those convicted of the crime, including Brown.
Gaitan’s order this week cited a pre-sentencing investigative report from the 1997 case, which at the time called the firefighter deaths the “worst fire department tragedy in living memory for (Kansas City).”
A memorial now sits near the explosion site, where gray stone crosses bear the last names of the firefighters killed.
“The above tragedy was the single worst structural firefighting tragedy in living memory for this area and stands among the gravest on record for the modern U.S. fire service,” the report states.
“Its impact on the families of the firefighters, the Kansas City, Missouri Fire Department; and the Kansas City community has been profound and the passing of nearly a decade has done little to lessen the pain of such a needless loss.”
Why the judge granted Brown’s release
Gaitan wrote in the order Friday that Brown’s age at the time of the crime, combined with what the court described as significant rehabilitation while incarcerated, warranted a sentence reduction.
While in prison, Brown earned his GED and completed more educational courses. He maintained a clean disciplinary record, held prison jobs and leadership roles. He also participated in drug rehabilitation programs, the order said.
The judge found that Brown’s 29 years in prison was a significant sentence, reflective of the seriousness of the crime, the order states.
“The Court finds that Brown’s background and his record of good conduct while in prison demonstrate that he falls within the category of ‘the juvenile offender whose crime reflects unfortunate yet transient immaturity’ and does not indicate that he is the ‘rare juvenile offender whose crime reflect irreparable corruption,’” the order states.
Bryan Sheppard was released from prison in 2017 after being incarcerated for almost 22 years. Skip Sheppard died in prison in 2009.
Darlene Edwards and Frank Sheppard remain incarcerated.
An attorney representing Brown said in a statement Friday that he is grateful the court ruled in favor of his motion for compassionate release.
“We are grateful the Court recognized that Richard’s youth at the time of the offense and his transformation over nearly three decades warranted a second look,” said Brown’s attorney, Kevin Sharp.
“Richard has invested in his education, worked consistently, and maintained an exemplary record in his decades of incarceration,” he said. “We look forward to his reunion with his family and his successful return to his community.”
The Star’s Caroline Zimmerman contributed.
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