Affidavit
Affidavit
025 JLIn 03
CLERK OF.
20
SEALED
DEFENDANT.
STATE OF KANSAS )
SS:
COUNTY OF SHAWNEE I
AFFIDAVIT
On Friday, April 22, 2022 at 11:11 pm Officers with the Topeka Police Department responded to the call
of a shooting in the 500 blk of SW Lane. Upon arrival, Officers located Dustin M. Clayton (w/m,
1986) suffering from a single gunshot wound to the chest. Clayton was pronounced dead at the
scene and the area was secured by responding Officers.
During a search of the area, a single 9mm shell casing was located in the street near the area that
Clayton falls and dies after being shot. An autopsy would later confirm that Clayton died as a result of a
single gunshot that entered the upper left side portion of his chest and exited the body through the
upper right portion of his back.
Officers located a witness to the shooting that was identified as
Although - -'
refused to be transported to the LEC for an interview, he did agree to speak with
responding Officers and Detective Wall at the scene and ultimately to myself and Detective Jones at his
residence of 1234 SW Western / Apartment 9.
interviews:
- provided the following information during those
II-_-
farewh-Claytofldatmrd-
He agreed to' walk with Cla individual, later identifiedas-
to_ house where they were to smoke some marijuana.
advised that the three of them walked to the Quick Stop at 1320 SW 6th where
Clayton bought more beer.
o The three of them then left the store together, walking NB in the 500 blk of SW Lane.
o After turning and walking WB on 5th St, s decides to break away from the group and
go home as Clayton's
him any longer.
behavior had become erratic and
- did not want to be around
turns SB on Washburn from Sth before traveling back EB in the east / west alley of
the 1400 blk of SW 6th. This alley runs east and west between 5th and 6th St.
followed this alley from SW Washburn back to where it intersects the 500 block of
SW Lane.
o As he attempted to walk across Lane St. and continue EB in the alley, he noted a vehicle with
its parking / hazard lights on facing SB in the 500 block of SW Lane.
- believes the
vehicle was getting ready to pull away from the curb and leave but stopped in order for him
to pass. Waived "thank you" to the vehicle and continued across the street. Clayton
is several feet behind at this point.
states that he heard Clayton involved in a discussion of some kind with the
occupants of that same vehicle. He could not tell if it was an angry conversation but states
he was not paying th'at much attention because he was trying to get away from Clayton.
states the conversation did not appear to be "unfriendly" and that Clayton walked
toward the vehicle almost like he knew who they were.
states that the driver of the vehicle may not have even been trying to kill Clayton but
acknowledged that he had the opportunity to drive away if he felt threatened by Clayton.
It should also be noted that it was extremely windy on this evening. The wind was strong enough that it
could have muffled what was being said between Clayton and the occupants of this vehicle.
o As continues to walk away he hears one gun shot. He then turned to see a black SUV
speeding away SB and Clayton crawling across thestreet yelling for help.
o describes the suspect vehicle as a dark SUV and the driver as a w/m in his early 20's
with dark unkempt curly hair. states his hair was in the shape of an "afro" but states
it was morejust curly and unkempt in appearance.
Detectives were able to collect surveillance video from the Quick Stop at 1320 SW Lane. The cameras
are motion detected and do not capture the entire event, however, one of the camera angles shows the
parking lot of the store as well as the intersection of 6th and Lane. From this camera angle Detectives
are able to see the suspect vehicle, travelling at a high rate of speed SB on 6th St after the shooting. The
vehicle continues at a high rate of speed through the intersection and travelling the wrong way on a one
way and running the red light. The suspect vehicle is dark colored SUV with larger silver rims.
Another camera angle from the Quick Stop faces NB in the 500 black of SW Lane. From this camera angle
and Clayton are seen leaving the store and walking NB as described
by- This
camera is also motion detected and does not capture the entire event but does show Clayton lying in the
grassjust off of the alley after he had been shot. In addition, Detectives have been able to determine the
following movements of the suspect vehicle in the moments prior to the shooting:
o At 10:35 pm the vehicle is seen EB on 5th St. before turning SB on Lane and parking in front of
501 SW Lane.
o At 10:36 pm the vehicle backs up slightly, travels SB on Lane for a short distance and parks facing
SB at what is believed to be 2-3 houses south of 501 SW Lane.
o At 10:47 pm the vehicle leaves that area, travelling SB on Lane.
o At 10:49 pm, the vehicle returns the 500 block of SW Lane and parks facing SB, again just a short
distance from 501 SW Lane.
o As stated above, the shooting 'of Clayton happens at 11:11 pm and this same vehicle is then seen
travelling at a high rate of speed SB on Lane and out of the area.
location. p rovided
was located at the address
of--
the following information during this interview:
and interviewed at that
-
-states
identified Clayton as one of his best friends.
that he ran into Clayton at Tony's Kwik Shop and had not seen him in long time.
- .l-
a
I
'-.-_----.-l him.
states Clayton recognized him and started talking to
-l
states that Clayton was drunk and that ran into another person by the name of "Barry."
states that he was going to his sister's residence and Clayton told him to wait so that
Barry could go with them. - advised he was not planning on having Clayton go to his
sister's house.
o
-
phone
states that they walked down the street to the Quick Stop.
and cigarettes because Clayton kept dropping them.
- was carrying Clayton's
o They went inside the Quick Stop where they bought beer before leaving the store and walking
toward his sister's house.
- decided he needed to get away from Clayton because he
_---
o After they started walking,
doesn't like being around him when he is drunk.
o
-
- states shortly after they started walking he handed Clayton his stuff and walked away
from him because he did not want to be around him.
0n April 27, 2022 Detectives received an anonymous Crime Stoppers tip which states the following:
a "Word is- '-
shot Dustin Clayton at 5th and Lane.
speaking to
_
his girlfriend on the night of the shooting.
woke-
was inside the address and asleep as we were
up long enough to confirm that his girlfriend's name is
Detectives later confirmed her identity as -' -
Detectives took no enforcement action at that time and returned to the Law Enforcement Center.
At that time, Detectives were able to confirm via AXON Camera worn by Officer Good that
with-- -' -
was at
the address on the night of the shooting along and an
unknown w/m. All three of them are seen speaking to Officer Good as he conducted a neighborhood
canvas-
w/m on the front
is not seen on that video while Officer Good is speaking
porch of her residence.
to_ and the
Based on the discrepancy of the AXON footage to what told me about being at the
residence at the time of the shooting, Detectives returned to
residence and brought both - and- I.
to the LEC for interviews.
where we secured the
- provided a post Miranda statement advising that she had just woken up when Detectives spoke to
her earlier and she had provided wrong information in regards
to- presence at her home on
the night of the shooting. - then clarifies that
the shooting but left, leaving his girlfriend behind.
as at her residence about an hour before
old them that he would be right back. She
did not know who- was with or who he left with as she was in the back portion of her residence
with her friend. - showed rne her text messages with- on the night of the shooting. At
11:33 pm she asks if he is ok because there are cops everywhere. He does not respond until 12:38 am
when he states "Yea, haven't been over there." He then sends another message at 12:42 am in which he
states he would be home in a little while.
-states tha did not return home until the following day and explained that he had stayed
with his friend,
because he was too high to come home. -
also states that she was concerned about the shooting because after Officers began to arrive, both she
- contact-
--
and tried numerous times to and could not get in touch with him. states
of_that
that the only friend she knows to drive a black SUV is states that she
believes -vehicle was parked at her house, along 5th St. on the night of the shooting. She did
not believe- had the vehicle thatstatement
night.
-also provided a post-Miranda at the LEC during which he denied any knowledge of
the shooting. - states that he spent the night
for when he arrived at his house. -states
with- but could not provide a time frame
that he was dr0pped off at-house by a
subject he knows only by his SnapChat name He as a w/m with dark, shorter
hair driving a black SUV. He states that ofF was not
describe-
with him at that time. He only knows this
person b- and met him through Social Media a couple months prior.
Detectives then spoke to- at Topeka West High School. Detectives were able to confirm that
was at a High School Track Meet outside of Tepeka and did not get back to the school until
11:45 pm, approximately 35 minutes after the shooting. -advised that- picked him up
from the school after the track meet and that he was by himself. They then went straight from the
school to -home of-
states about the night. ln addition,
This is in complete contradiction to
.
From these videos Detectives have been able to determine the following route taken by the suspect
vehicle:
SB in the 500 block of SW Lane at a high rate of speed after the shooting.
SB on Lane through 6th St. The vehicle is going the wrong way on a one way at this point.
EB on 7th St. to Buchanan.
SB on Buchanan through 8th St.
As noted, the above listed videos show a vehicle that matches the vehicle seen on Topeka West High
up-
School video picking
on 2022.
from the school after he returns from a track meet at approx. 11:45
a... -
pm April 22,
On April 29, 2022 Detectives executed a search warrant on iPhone. The phone was seized
during a search 0- home address on April 27, 2022 during the execution of
Search Warrant for the address. At the start of the search, Detectives called and asked- to return
so that she could take control of her dog that was still inside the residence. The phone had already been
located in plain view at this point and was on the floor of the living room near a mattress and belongings
that appeared to belong to -. During the time-
dog, she was able to confirm that this particular phone was indeed
came back to the residence to secure her
-cell phone.
The download of the phone was successful and was then transferred electronically to the case file for
review. Within that phone Detectives were able to locate the GPS coordinates
during the time before, during and after the shooting on April 22, 2022.
fo-
Upon reviewing that
phone
i.- that_
information Detectives were able to confirm phone pings in the 500 block of SW Lane,
just to the south of his house which -. These phone pings coincide with the time frame of
the vehicle sitting in the 500 block of SW Lane prior to the shooting as seen on video seized from the
Quick Stop as detailed above.
At approx. 11:10 pm, according to Amarion's phone, the phone is pinged in the 500 block of SW Lane at
the east / west alley that intersects SW Lane. This is the exact location where the shooting takes place at
the exact time in which Detectives believe there was a confrontation between Clayton and the occupants
of the that vehicle which ultimately leads to the shooting and the death of Clayton. As stated above, the
shooting is called into Dispatch at approx. 11:11 pm.
Detectives are then able to follow the GPS coordinates of Amarion's phone at the following locations:
o SB on Lane to SW 7th St.
o EB on 7th to Buchanan.
o SB on Buchanan through 8th St. and on to Huntoon where it turns left.
As can be seen, this is the exact same route at the exact same time that video surveillance captures the
black SUV / suspect vehicle taking after it speeds away from the shooting.
GPS coordinates then ping at several points throughout west Topeka before pinging at Topeka
West High School at 11:36 pm in the west side parking lot. This is within 4 minutes of the time stamp on
the Topeka West High School surveillance camera s showing being picked up by a dark SUV
that Detectives believe to be the suspect vehicle. phone ca n then be tracked leaving Topeka
West High School and travelling EB on 29th St before eventually landing a- house at-
Detectives also seized video surveillance from the Kwik Shop at 215t and SW Belle, which is across the
street from the west parking lot of Topeka West High School. The suspect vehicle is seen on video
entering the lot of the Kwik Shop at 11:31 pm on April 22, 2022 at which point the vehicle parks at the
gas pumps and a w/m exits the front driver's door of the vehicle. The w/m then runs to the front door
and attempts to enter the store, presumably to pay for gas. The doors are found to be locked. The w/m
returns to the vehicle and the vehicle is seen exiting the lot at 11:33 pm. The w/m is captured on video
wearing a black tank top and black shoes with a white sole along with a baseball cap he is wearing
backwards.
From the Topeka West High School cameras, the vehicle that picks up- can be seen entering
the Kwik Shop lot at 11:31 pm. The vehicle is then seen exiting the Kwik Shop lot at 11:33 pm and
entering the west Topeka West High School lot about 11 seconds later. As stated this is the same vehicle
that is seen picking up
-upon his return from the track meet.
Once again,- GPS coordinates from his cell phone are also seen at the Kwik Shop at the same
-
time as the vehicle
suspect is seen on the lot prior to going to Topeka West.
On April 29, 2022 at approx. 1:59 pm spoke to at the address of
I. - -confirmed
|
- then left with Kayden and she did not see him for the remainder of the night. She advised that
she got a text from him at'approx. 2:00 am in which he stated he would be home the next morning.
- describes Kayden as a tall, skinny w/m with brown hair and that he normally wears a hat.
states that she did not see Kayden armed with a firearm and does not know- to possess a
-
firearm.
and- -
During a follow-up phone call with she confirmed that Kayden was driving the black SUV during
the time that she were with him on the day of the shooting. also confirmed that
Kayden was driving the black
11:00 pm on April 22, 2022. -
SUV whenhe an- dropped her off at
states that at no time during her time in the vehicle
shortly before
with-
and Kayden did anyone but Kayden drive the vehicle.
ln_ looking at the information contained
within- phone, Detectives located messages to
from "Kayden" from the phone number
at the address of--. o-
Detectives found that.
. This phone number registers to
I. -.
confirmed as being
This vehicle registers to the address
Kayden's-
of-- I_- was
Detectives then begin researching the movements of the black GMC Terrain
of April 22, 2022 in an attempt to match those movements to
I. on the date
phone contents, including GPS
coordinates and messages. Detectives used LPR video and photos along with surveillance video already
collected in order to match the movement of the GMC Terrain to the GPS coordinates and messages in
-
What follows
phone.
is what Detectives have determined regarding the GMC Terrain and its movements on April
2022 and how those movements coincide what is found in Amarion's phone:
to--.
22,
4:12 pm GMC Terrain pulls up
-
W/M goes up to door wearing a dark shirt. This can be
seen on Quick Stop Video.
4:18 pm -sends the following message to -
o "Yea to with
bought go to this
Kayden rq and a bottle ima text
get money u when I get done"
4:22 pm GMC Terrain drives South on Lane which matches GPS coordinates on
phone.
4:30 pm GMC Terrain is EB at 10th and Washburn which matches GPS in
phone. This is also
confirmed by LPR photo.
4:37 pm GPS puts them at "The Shack" which is later confirmed as where Kayden's-
4:46 pm GPS shows them traveling south on SE Paulen Rd. towards 615t St. As previously
s_I-- I -l
- near----
noe.d «avden
4:51 pm GPS shows them on 615t Street
5'06 pm GPS shows them north on Tecumseh Rd.
5:21 pm GMC Terrain is seen, via LPR, SB at let
and California which matches the GPS coordinates in
phone.
5:23 pm-GPS shows them at Walmart on SE California until 5:33 pm.
oDetectives were able to collect video the Walmart on SE
from California during that time frame.
In the video the GMC Terrain is seen parking in the lot. Kayden Smith is seen getting out of the
vehicle from the front driver's door. He is wearing a black tank top, dark pants, black shoes with
a white sole, and is wearing a baseball cap backwards. As previously noted, this is exactly the
same clothing he is seen wearing at the K wik Shop later that night, after the shooting, and just
a
before pickin- up at Topeka West High School.
Upon exiting the store, Kayden gets back in the front passenger seat of the GMC Terrain briefly,
before exiting the vehicle, changing out of the black tank top he is wearing and into a different
black tank top of the some style. Kayden then gets back in the driver's front door of the vehicle
and drives the vehicle out of the lot and eventually SB on SE California.
o As the vehicle sits in the lot and Kayden is inside the Walmart, movement within the vehicle
clearly indicates a passenger in the front passenger side of the GMC Terrain.
5:53
6:12 pm-(GSPS
pm
shows them back at--.
PS shows them westbound on 6th from Lane.
6:23 pm Kayden's GMC Terrain is seen via LPR driving eastbound at 10th and SW Washburn.
6:27
6:55
pm
pm
-GPS shows them south on SW Lincoln.
GPS is in the area of "The Shack."
-
8:13 pm PS is in the area around Lake Shawnee until 8:39 pm.
8:39 pm GPS shows them at "The Shack" until 8:55 pm.
9:06 pm GPS shows them back at "The Shack" until 9:20 pm.
--.
11:08' pm GPS shows them at the east / west alley in the 500 block of SW Lane where the
shooting occurs.
11:10 pm -GPS shows them'leaving southbound on Lane and taking the above-mentioned
route out of the area as confirmed by surveillance video. The vehicle then travels throughout west
Topeka before next being seen at the Kwik Shop at let and Belle.
11:31 pm GMC Terrain on video at the Kwik Shop at
-
let and Belle.
o As noted above a w/m in black tank top goes to the door and back to the driver's door of the
black GMC Terrain. Not only does this coincide with- 6P5, but the w/m is wearing the
exact same clothing that Kayden is seen wearing at the Walmart earlier in the day.
11:33 pm GMC Terrain leaves the Kwik Shop lot and enters Topeka West Lot. This coincides with
- GPS, as well as Kwik Sop and Topeka West video.
11:43 pm- GMC Terrain leaves the Topeka West lot after picking up- which coincides with
GPS and Topeka West video.
On Friday, April 29, 2022 Detectives executed a Search Warrant at the address of
uring thesearch, Detectives located an empty box of 9mm
-.l
ammunition as well as
in
an
empty Glock handgun magazine. The magazine was located in an open wall safe in what is believed to be
Kayden's bedroom. Also within that safe was the paper copy of Kayden's DL. Detectives also located
one live 9mm bullet in a cabinet drawer in that same bedroom. 0n the bed within that same bedroom
was a back pack that contained a Wallet in the side pocket. Within that wallet was the KS ID for-
Detective Jones made phone contact with Kayden prior to the execution of the Search Warrant at the
number
of-- Kayden indicated to Detective Jones that he was not home and was in Kansas
City. Kayden refused to provide Detective Jones with any sort of verification that he was in Kansas City
and eventually hung up and turned off his phone. Prior to hanging up Kayden told Detective Jones that
he would come to the LEC and speak with him the following day.
_ - --'. -
a-l
Prior to the execution of the Search Warrant I-
I...
spoke to Kayfin's
I
confirmed that she owns the black GMC Terrain and that
-states
Kayden regularly drives the vehicle. the GMC Terrain is the only vehicle that Kayden is
known to drive and that the other vehicle registered in her name, a BMW passenger car, was sold on
-
Craig's List approx._ two weeks prior to this incident. further states that she was at the Snoop Dog
concert in Kansas City on the night of the shooting and that the GMC Terrain was at her residence during
Detectives and TPD CSI Officers executed a Search Warrant on the GMC Terrain on April 29, 2022. The
to- ---' _
vehicle was confirmed as being the black GMC Terrain with KS Tag:
and the same GMC Terrain that had been matched GPS coordinates. The GMC Terrain was
_
seized from the lot of and brought to the LEC Process Stalls for processing. During the
search CSI Officers located a black tank top similar to the one Kayden is seen wearing on surveillance
video at the Walmart on SE California prior to the shooting as well as on the Kwik Shop video from let
and Belle approx. 20 minutes after the shooting.
or-
not see Kayden in possession of a
gun- states that he believed Kayden and
to be drunk because he could smell it. Kayden was driving when they picked up- and
Kayden was driving the entire time
black tank top and a hat and_
- was with them.
wearingjeans when
-
they picked
remembered Kayden wearing a
him up at Topeka West High
School.
Kayden Smith was taken into custody at his home address 0- -' .on May 6,
- - I .l' -- - -|
2022 by the US Marshal's Task Force. Kayden was seen moving to the end of
the driveway prior to being arrested.
-'
l--
3-...
During the execution of a second Search Warrant subsequent to Kayden's arrest,
Detectives seized three cellular phones, one of which was determined to have been Kayden's. During
the search of the contents within Kayden's phone, pursuant to a Search Warrant, it was found that
Kayden appears to have stopped using that phone prior to the murder. However, he identifies himself as
"kaynsmith03" within the TextNow App and "Kayn Wood" is identified as his Facebook name.
Detectives have since been able to confirm Kayden has an active Facebook page under the name "Kayn
Wood."
As part of the investigation, TPD CSI Officers collected several P-GSR (Gun Shot Residue) swabs from the
black GMC Terrain driven by Kayden Smith during this incident. Those swabs were submitted to the KBI
for analysis.
On September 6, 2023 the KBI submitted a Forensic Laboratory Report confirming the presence of two
particles of lead and antimony on the swab collected from the steering wheel of the GMC Terrain. This
would be consistent with the presence of gunshot residue on the steering wheel. The report also states it
is possible this originated from an alternate source.
This evidence would suggest the gunshot came from the interior of the vehicle. Had the gunshot come
from the exterior of the vehicle, the gunshot residue would not have been located inside the vehicle
unless transferred by the individual touching the steering wheel. In this case, evidence and witnesses
indicate Kayden Smith was driving the vehicle on the day of the shooting, to include immediately after
the shooting. In addition, all witnesses who were with Kayden Smith on the day of the shooting indicate
he was the only person that drove the black GMC terrain on the day of the shooting.
On April 23, 2025 after a news article reporting a vigil in Dustin Clayton's memory, I received a Crime
Stoppers Tip advising Kayden Smith had bragged to people about killing Clayton. When asked by Crime
Stoppers to provide the identity of who Kayden Smith had confessed to, the Tipster provided the name
°f--_
was able to identify this person
a-_ _ with an address o-
I-
l
On April 24, 2025 at approx. 12:07 pm made contact with and interviewe at his home
o--.
I
address When introduced myself and indicated was here to speak to him about
l l
looked down and indicated he knew what was talking about. He then
I
initially states that he would rather not talk about it. He then clarifies that he would rather not talk
about it at his residence but he does not currently have a vehicle in which to go anywhere else to speak
to me. He then referenced seeing the news that Clayton's family had held a vigil. At this point he began
to tell me what he knew about the murder.
o In regards to Kayden Smith states "He did it."
o Kayden was living at after he had been arrested regarding this incident.
DOC
- he
was also arrested at that time. When Kayden was released from the Shawnee
could no longer reside with his mother. llowed Kayden to stay at his
- .-
County
residence during this period at the request of Kayden's
o
-
During a conversation within I home during the time frame Kayden was residing
there, Kayden confessed t that he had shot and killed Clayton.
states this conversation occurred within 6 months to a year after Kayden's arrest.
o During this conversation, Kayden had been drinking.
almost fifth of Jack Daniels.
a
_ states that Kayden had finished
'
o Kayden told that he was at a stoplight when Clayton and a friend crossed on foot in
front of him. Kayden said something to them because they were taking too long to cross.
o Clayton then turned and said something back to them and the two of them went back of forth as
Clayton walked toward Kayden's vehicle.
o
Kayden told Clayton "Don't do it" in an effort to tell him not to walk up on the vehicle.
o The two of them kept saying things to each other but there was no indication they were going to
tell-
fight.
o Kayden that he had a gun in his lap as Clayton approached the vehicle. When
Clayton continued to talk to him and got close to the vehicle, Kayden
raised the gun and shot Clayton in the chest.
told- that he
-E-=-Im--'=_
Kavden Smith Arrest
I-l
Based on the additional evidence collected as part of the ongoing investigation, as detailed above,
Kayden Smith was taken into custody at the address
2025. Kayden was transported to the Law Enforcement
of---
Center for the purpose of an
on June 2,
interview.
Wherefore the affiant believes that there are reasonable grounds and probable
cause to believe that Kayden Michael Smith
has committed the;crime(s) included in the complaint and prays the court issues a'wa'rrant
for the arrest of the defendants(s)
l Verify under penalty Of perjury that the foregoing is true and correct.
Signature éi %
Printednyped Name LANCE GREEN, 334
Topeka Police Department