LOUISVILLE, Ky. — Jefferson County Commonwealth's Attorney Tom Wine will not seek criminal charges against Louisville Metro Police officers or Kentucky National Guard members who shot and killed business owner David McAtee last June.
In a statement to the media, Wine said his office would not present the case to a Jefferson County grand jury because officers with the Louisville Metro Police Department (LMPD) and the National Guard fired their weapons in self-defense.
After McAtee's death, the Kentucky State Police and LMPD conducted investigations. Those reports were given to the commonwealth's attorney.
McAtee was killed June 1, 2020 at his barbecue business, YaYa's BBQ on 26th Street. His death came after LMPD and National Guard members were called to the area to break up large crowds that were violating a city-mandated 9 p.m. curfew.
LMPD Officer Katie Crews fired at least one pepper ball into the street to disperse the crowd. Crews then proceeded to fire several more pepper ball shots toward YaYa’s. It was then that McAtee and others went into the restaurant for shelter.
Wine's statement said most of the crowd was compliant and began leaving the area when officers and guardsmen asked them to clear the area. Wine said there was no evidence that the crowd was engaged in any type of protest or destructive behavior.
The reports and video from the night of the shooting, show that McAtee fired a gun twice from inside the restaurant and that LMPD and National Guard members returned fire. McAtee died from a single gunshot to the chest. A ballistics report found the bullet fragments had green paint, indicating the bullet came from a National Guard member, but the fragment was so destroyed there was no way of knowing whose gun fired the fatal shot.
In the statement to the media, Wine said both the LMPD and National Guard were justified in their use of deadly force because McAtee "posed an immediate threat of death or serious injury to them or to another person."
Wine wrote, "I provided a twenty-four page review to the investigating agencies detailing our office’s factual findings, legal analysis, and the conclusion that this investigation will not be presented to a Jefferson County grand jury for further review or potential charges against any of the LMPD officers or National Guard soldiers who fired their weapons."
Kentucky State police and LMPD received Wine's finding's and said in a statement to Spectrum News 1, In an effort to strengthen transparency, KSP and LMPD leadership are releasing those findings today." The statment went on to say, the names of some witnesses have been redacted for privacy purposes. You can see the report here.
Wine added he wouldn't comment further because of an ongoing federal investigation into the shooting. Wine also offered his condolences to the McAtee family and said their attorney was notified of the results of his review.
Steve Romines, the McAtee family's attorney, provided the following statement:
"One thing I’ve learned in 30 years of practicing law is that police will rarely if ever face accountability if it’s left up to the prosecution that they work hand in hand with every day. When private citizens are forced to act in self defense, they are charged and have to present that defense to a jury. Cops are summarily exonerated without any proof ever being presented. Does anyone really doubt why it continues to happen day after day."
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