FRANKFORT, Ky. — A member of the Kentucky National Guard fired the fatal shot that killed David McAtee during protests in Louisville.


What You Need To Know


  • National Guard fired fatal shot

  • Gun residue found on McAtee's hands

  • McAtee family lawyer says police started incident by firing pepper balls

  • More evidence needs to be gathered

Governor’s Cabinet Secretary J. Michael Brown said bullet fragments found June 1 match the ammunition guardsmen had at the time. Guardsmen and Louisville Metro Police officers were responding to an area of Louisville’s West End neighborhood when the shooting started.

He also said McAtee fired two shots at officers before they fired back.

Police found a 9 millimeter gun in the doorway, belonging to McAtee, and gun residue on his hands.

Brown said there’s still a lot of evidence to sort through, like dozens of interviews with witnesses, radio traffic from that night, and possibly other body cam video from officers near the scene.

None of the officers involved in the shooting had their body cameras turned on.

"There’s a lot more to do, but this is very conclusive of a critical part of our investigation," Brown said.

McAtee family lawyer Steven Romines responded to the Governor’s update by saying police instigated the matter by firing pepper balls at his home. 

Brown said McAtee fired at least two gunshots before officers returned fire, but he didn’t respond to a question about if police shot pepper balls into McAtee’s home before McAtee fired at officers.

"I don’t know, really, about the actions of the LMPD other than what I’ve actually seen in some of the videos that you have seen," Brown said.

Gov. Andy Beshear pleaded for patience with the investigation.

"There is still significant evidence remaining to be gathered and there are still going to be questions as we continue. And there may be some questions that we can never answer," Beshear said. "My goal is to be truthful and to provide you everything that we have, in context, as it comes in."

Kentucky State Police is conducting an investigation into the shooting.