Jacob Brown

by Tracy McCue, Sumner Newscow — Jacob Brown, 66, of Wellington, charged with murder in the second degree in the killing of his son Dustin Brown, is scheduled for a Sumner County District Court hearing with judge William Mott residing on Oct. 27 at 1:30 p.m.

Brown was charged with the Sept. 3 death of his son, who he was arguing with before allegedly obtaining a 9-mm firearm and shooting him in the chest. Murder in the second degree in Kansas means the crime must indicate the absence of planning of the criminal action, i.e., premeditation. Sentencing could result in mandatory imprisonment for 10 to 25 years. 

Sumner Newscow has obtained the redacted probable cause affidavit written by Wellington Police Officer Paul Nefzger involving the police details of the crime.

Nefzger writes that on Sept. 3 at 9:05 p.m., he was dispatched to 1202 East Harvey Ave. in Wellington, on the southeast corner of Harvey and Keyes St. J. Brown was sitting on the front porch of his residence when the police arrived, according to the affidavit. He pointed inside. 

“I asked Jake if he was uninjured, and he told me, ‘no,’” Nefzger writes. “I then asked about the gun, and he told me it was on the end table next to his chair. I entered the residence and found a subject known to me as Dustin Brown on the floor in the living room.” 

Brown was face down on the floor. A pool of blood was observed underneath him. There was no pulse, the police at the scene determined. They rolled Dustin on his back and found a bullet wound in what appeared to be his upper chest. He was later declared dead. 

Jake Brown told Nefzger that Dustin came into the residence and threatened to burn the grass and the farm and got into the elderly man’s face. Jake described their noses touching. Jake told Nefzger that he told Dustin to get away and that he was a liar. Dustin then left to return to his home at 1202 East Harvey. 

Upon his return, Jake said to Nefzger, Dustin began to threaten and yell at him again. He was back in his face, and he didn’t know if Dustin would swing at him, but his pistol was next to him in the chair. 

Jake stated that he told Dustin to back off. Dustin took a swing, and that’s when Jake shot Dustin. 

Vickie Brown, Jake’s wife, and Dustin’s mom, was inside the residence at the time. She said she had returned from the grocery store, and when she entered, Dustin was screaming and yelling at Jake, saying, “shoot me motherf–ker.” 

She said that Dustin had come over during the night before and was trying to burn down the place and that gasoline was out in the back of the residence.

———

Jake bounded out after making a $50,000 professional bond payment. He had his first appearance in district court on Sept. 15. 

Dustin Brown, 36, was a 2004 graduate of Wellington High School and a construction contractor.