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Thread: BBQ joint owner David McAtee (53) shot and killed by police while they were trying to disperse protestors

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    BBQ joint owner David McAtee (53) shot and killed by police while they were trying to disperse protestors

    David McAtee, who turned his talent for food into a popular West End eatery, was shot and killed by law enforcement officers early Monday morning, an incident that's now under state and local police investigation.

    McAtee, the owner of YaYa's BBQ in western Louisville, was known as a "community pillar," said his mother, Odessa Riley.

    "He left a great legend behind. He was a good person. Everybody around him would say that," she said. "My son didn't hurt nobody. He didn't do nothing to nobody."

    Riley was among the hundreds who had swarmed the corner of 26th and Broadway Monday where Louisville police and National Guard personnel were breaking up a "large crowd" that had gathered in the parking lot outside a Dino's Food Mart, according to law enforcement officials.

    LMPD Chief Steve Conrad said in a statement that someone shot at police and officers and soldiers "returned fire," killing McAtee.

    McAtee's barbecue business is next to the Dino's Food Mart parking lot where the shooting took place around 12:15 a.m. Monday
    McAtee, 53, operated a barbecue business at one of the West End's most popular corners, especially on the weekends.

    ?I?ve been doing this for about 30 years, but I?ve been here for two," he told West of Ninth, a photo blog by Walt and Marshae Smith, in a February interview. "This location is the one of the busiest locations in west Louisville. I always wanted to be in this spot, and when the opportunity came, I took it."

    McAtee said he hoped to one day buy the lot at 26th and Broadway, and build a brick-and-mortar restaurant.

    "I gotta start somewhere, and this is where I?m going to start," he said in February. "It might take another year or two to get to where I?m going, but I?m going to get there."

    Those who spoke with The Courier Journal said they knew the chef as someone who would cook at several community events across the area's nine neighborhoods.
    McAtee's mother and his nephew told The Courier Journal that he was known to feed police as well. The two said he would give law enforcement officers free meals.

    "He fed them free," Riley said. "He fed the police and didn't charge them nothing.

    "My son was a good son. All he did on that barbecue corner is try to make a dollar for himself and his family," she added. "And they come along and they killed my son."

    The police chief of Louisville, Kentucky, has been fired after officials discovered two police officers involved in fatal shooting of a man during a protest over George Floyd's death had not activated their body cameras.

    "This type of institutional failure will not be tolerated," Louisville Mayor Greg Fischer said on Monday. "Accordingly, I have relieved Steve Conrad of his duties as chief of Louisville Metro Police Department (LMPD)."

    Fischer identified the victim as David McAtee, a local business owner.
    McAtee was shot as police and the National Guard were trying to disperse the protesters, police said Monday. The officials returned fire after they were shot at.

    "We lost a wonderful citizen named David McAtee," Fischer said. "David was a friend to many, a well-known Barbecue man."

    "They've nurtured so many people in their bellies and in their hearts before, and for him to be caught up in this, not to be with us today is a tragedy."

    The Louisville Metro Police Department and National Guard units were sent to clear a large crowd in a parking lot around 12:15 a.m., the police chief said early Monday.

    "Officers and soldiers begin to clear the lot and at some point were shot at," Conrad said at a press conference. "Both LMPD and National Guard members returned fire, we have one man dead at the scene."

    The Louisville shooting happened in the far western part of the city, where protests hadn't taken place in previous nights.
    Kentucky Gov. Andy Beshear said state police will also investigate the death.

    "Given the seriousness of the situation, I have authorized the Kentucky State Police to independently investigate the event," Beshear said in a statement.

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    Holy Shit Louisville Police is now facing two allegations the Breonna Taylor Death and now the David McAtee Death. Not shocking that riots will escalate because of this.

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    There is now a report that the FBI will investigate the death of David McAtee

    FBI Louisville, Kentucky State Police and the U.S. Attorney’s Office will investigate the death of a black restaurant owner in Louisville.

    David McAtee was shot and killed by law enforcement as they broke up a crowd early Monday morning in Louisville, officials said.

    Steve Conrad, who was LMPD's chief at the time, went to the scene shortly after it happened to give details. He said the incident happened around 12:15 a.m. in the parking lot of Dino's Food Mart, located at 26th and Broadway. We're told McAtee owns a nearby restaurant: Yaya's BBQ.

    Mayor Greg Fischer called McAtee a wonderful citizen, and said many knew him as "the BBQ man."

    Conrad said LMPD and the National Guard were breaking up a large group at that location when someone fired at them. Law enforcement then returned fire, police said.

    Police said they have several persons of interest being interviewed and it is still unclear who fired the first shot and who struck McAtee.

    “It’s very clear that many people do not trust the police. That is an issue we’re going to work on and work through," Conrad said during an early morning news conference.

    Gov. Andy Beshear held a news conference around noon saying to his understanding, there was significant footage of what happened, including from body cameras. He called on all of it to be released quickly.

    “I’m not asking people to trust our account (of what happened). I want to see the video for ourselves,” Beshear said.

    It was later learned that none of the LMPD officers present had their cameras activated.

    Two LMPD officers on the scene who police confirm were involved, Kate Crews and Allen Austin, have been put on administrative leave. We have not yet learned which National Guard members were involved.

    The governor said he has heard the crowd at that food mart was not demonstrating at the time, but police responded because they were violating curfew.

    A curfew went into effect Sunday night at 9 p.m. for the whole city. That curfew has since been extended to June 8.

    It was an attempt by the mayor to settle unrest that has gone on for several days in the city over the Breonna Taylor case and other cases causing protests and riots across the country.

    Beshear also had Taylor's mother speak Monday, during which she said, "We can't get justice with violence."

    Seven people were shot the first day of protests in Louisville. The first few days resulted in heavy damage, vandalism and small fires around the city.

    Beshear is encouraging peaceful protests moving forward.

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    This shit is Louisville is only escalating given that the David McAtee shooting is merging with the Breonna Taylor Protests.

    LOUISVILLE, Ky. — A Louisville police officer involved in the fatal shooting of West End business owner David McAtee had celebrated earlier on Facebook when a protester was shot by pepper balls.

    Officer Katie Crews, who was placed on administrative reassignment Monday in the fatal shooting, posted a Courier Journal photo of a protester across from her and said "I hope the pepper balls that she got lit up with a little later on hurt."

    A screenshot of the post has circulated on social media sites.

    New LMPD Chief Robert Schroeder said Monday night he is aware of the post and has started a professional standards investigation into it.

    The photo in Crews' post, taken Thursday, shows a protester offering flowers to Crews, who is staring back at her.

    "She was saying and doing a lot more than ‘offering flowers’ to me. Just so for it to be known," Crews wrote in the post. "For anyone that knows me and knows that facial expression tells everything."

    And after mentioning the pepper balls, Crews ended the post with: "Come back and get ya some more ole girl, I’ll be on the line again tonight.”

    Crews joined the Louisville Metro Police Department in 2018 and does not have any disciplinary records, according to the department.

    After learning that Crews and LMPD Officer Allen Austin had no body camera footage from the shooting incident in which McAtee died, Louisville Mayor Greg Fischer fired Chief Steve Conrad, who was slated to retire at the end of the month.

    Police say that shortly after midnight Monday, someone shot at officers from a parking lot at 26th and Broadway where a large number of people were gathered. LMPD and National Guard troops returned fire, killing McAtee, who ran a popular barbecue stand nearby.

    Police have said they don't know if McAtee was the person who had fired at police.

    Contributing: Olivia Krauth, Louisville Courier-Journal. Follow Ben Tobin on Twitter: @TobinBen.

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    Video has now been released on the David McAtee Shooting.

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    Louisville Metro Police officials released security footage Tuesday of what they said appears to show a black businessman fire a weapon at law enforcement officers before they returned fire, killing him.

    Police said David McAtee, owner of Yaya's BBQ, began to shoot "outside his business door" early Monday morning as officers worked to clear a parking lot at a nearby establishment, then began moving toward his business.

    Kentucky Gov. Andy Beshear said in a statement Monday both Louisville Metro Police Department and Kentucky National Guard were in the area working to disperse a crowd when they were fired upon. "LMPD and the Kentucky National Guard returned fired resulting in a death."

    The crowds had gathered to call for justice for Breonna Taylor, a 26-year-old black woman who was killed by police in her home in March.

    Prior to releasing the security video, Rob Schroeder, the LMPD interim chief said there are still several questions that remain about the McAtee incident.

    "The video does not provide all the answers," Schroeder said.

    He also said investigators are still trying to piece together issues that include "Why did he fire?" and "Where were police at the time he fired?"

    The security footage comes from two videos, one from inside McAtee's eatery and another giving an outside view from an adjoining business.

    There is no sound on either video.

    Louisville Police Chief Fired After Black Man Is Shot To Death
    Louisville Police Chief Fired After Black Man Is Shot To Death
    The first shows McAtee, wearing a shirt with a red back, carrying what appear to be cooking utensils.

    At one point, roughly a dozen people start to hastily make their way inside his establishment through an open door. At around the 2:27 mark, McAtee can be seen reaching outside the doorway. Moments later he clutches his upper chest and eventually collapses to the floor.

    The second angle, at around 5:15, appears to show officers shooting toward the door, but who is standing there is obscured from view by a screen door.

    The video's release comes a day after the termination of police chief Steve Conrad.

    He was relieved of duty when state and local officials called for the release of officer body camera footage, only to learn the devices worn by officers on the scene had not been activated. Member station WFPL in Louisville reports both the governor and the Louisville's Mayor Greg Fischer said that was unacceptable.

    7 Shot At Louisville Protest Calling For Justice For Breonna Taylor
    7 Shot At Louisville Protest Calling For Justice For Breonna Taylor
    LMPD Maj. Paul Humphrey was asked during the press conference what he thought of the sequence of events based on the footage. He said officers looked like they were addressing individuals at Dino's Food Mart nearby.

    "As the officers are addressing those individuals Mr. McAtee appears to fire at the officers and they take cover and return fire," Humphrey said.

    "But without the audio and without having interviewed the officers yet, that is yet to be determined exactly how those incidents occurred."

    He later said "at this point," it appears McAtee fired first.

    Humphrey was asked if a gun was recovered from the body of McAtee. He said the answer, and whether or not McAtee was shot by police or National Guard will come out as the investigation unfolds.

    He did say LMPD officers involved had not been questioned by investigators as of the press briefing, adding it is "typical that officers will have their legal counsel prior to interviewing." He said he expected those interviews to take place 48 hours after the incident.

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    Here is the lead up to David McAtee getting killed by Police

    LOUISVILLE, Ky. (WAVE) - Hours after he was shot dead just outside his barbecue restaurant, David McAtee’s family members questioned why law enforcement officers were there in the first place.

    McAtee, 53, was shot and killed when LMPD and National Guard officers were allegedly shot at by someone in a crowd nearby. Their return fire struck McAtee’s niece, family members said, before McAtee was hit and killed.

    “When you lose a child, a part of you goes along with that child,” McAtee’s mother, Odessa Riley, said just a few months after she lost another child. “I just buried my daughter January 22nd. Now my baby son done got killed."

    Police said LMPD and National Guard officers were called to 26th and Broadway to disperse a large crowd late Sunday night. The department said someone shot at them and the officers returned fire, Multiple witnesses and family members said there was no need for any law enforcement at that location. The gathering wasn’t part of the protests that packed city streets over the weekend, they said, adding that the crowd meets in the neighborhood every weekend playing music, and McAtee handles the food just outside his Yaya’s BBQ Shack.

    Witnesses said soldiers boxed them in and people panicked. McAtee’s nephew, Marvin McAtee, said people ran to Yaya’s BBQ Shack. Then, shots went off and McAtee’s niece was hit, but she’s expected to be OK.

    “So (McAtee) reached out to grab her and at that point another fire went off,” Marvin McAtee said. “Then another fire in the rear shoots off and hit him in the chest and he died right there.”

    McAtee’s family said he was well known by policemen and the community.

    “He fed all the policemen," Riley said. "Police would go in there and talk with him and be with him. He fed the police. He fed them free. All he did on the BBQ corner was trying to make a dollar for himself.”

    Within minutes of his death, McAtee’s community rallied around his store, some of them asking why officers used rubber bullets in the Highlands but real bullets in the West End.

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    LOUISVILLE, Ky. (WAVE) - David McAtee's mother, Odessa Riley, has retained attorney Steve Romines to represent the family.

    McAtee was the owner of YaYa’s BBQ Shack, who was shot dead by officers early Monday morning at his restaurant.

    Romines on Wednesday released a statement blasting LMPD for not having any officer body-camera video from the incident, and for releasing surveillance video from McAtee’s restaurant despite the fact that the case is still being investigated.

    Read Romines’ full statement below:

    “The small snippet of video released raises more questions than it answers. The police continually refuse to release evidence in these type of cases because they say ‘the investigation is ongoing’ yet they choose to selectively release 15 seconds of video to try and bolster an untenable position. More importantly, the only video released is from David’s own surveillance camera, but there is no video from the 20 or so police officers who were ordered to have body cams operational. This leads to one of three scenarios: 1. Every officer decided to turn off his/her body cam in contravention of a specific order. 2. Every officer was ordered to turn off his/her body cam in contravention of the Mayor’s order. 3. Body cams were on and those videos have been destroyed. Whichever of these occurred, the chief of police was fired immediately over this incident. My client‘s desire is to get the truth of what occurred that night.”

    Copyright 2020 WAVE 3 News. All rights reserved.

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    In this report there are allegations that David McAtee was killed by the National Guard.

    The fatal shot that killed west Louisville restaurateur David McAtee came from the Kentucky National Guard, according to preliminary findings from an investigation of the shooting announced Tuesday by state officials.

    J. Michael Brown, the secretary of the state’s executive cabinet, said the bullet pulled from McAtee’s body matched that of the rounds carried by the National Guard, making it clear that guardsmen — not Louisville Metro Police — are responsible for the fatal shot.

    “We have no doubt,” Brown said Tuesday afternoon.

    McAtee, 53, was killed just after midnight on June 1 in the doorway of his popular barbecue restaurant at the corner of 26th Street and Broadway. Police officials say officers and Guard members had come to the busy intersection to disperse a crowd that had gathered in violation of the curfew imposed last week amid a flurry of protests denouncing police violence.

    LMPD officials have said McAtee was first to shoot, and the officers and Guard members returned fire. On Tuesday, Brown backed up that claim.

    He said gunshot residue was found on McAtee’s body and two casings recovered near the door of the restaurant matched the ammunition he carried in a pistol that same night.

    It’s unclear specifically where McAtee was shooting, but Brown speculated it was towards the police and Guardsmen.

    “And he did it twice,” Brown said.

    In an emailed statement, Mayor Greg Fischer said McAtee’s death “is a tragedy – for his family, for our community, and for the nation. I will continue working with our residents to build the community that David loved into a just and equitable community.”

    Surveillance video footage from the evening that’s been released shows McAtee raise his arm out the doorway, but it does not show McAtee firing his weapon at police. The officers who fired on McAtee didn’t activate their body cameras, according to police.

    McAtee, known as Yaya, was a fixture of the intersection in the city’s Russell neighborhood. He was well known for his barbecue and many have said he would often give food away, even to police officers. His family has dismissed the notion that McAtee would knowingly shoot at police officers.

    Brown said the investigation is not complete, and there is much more information to be gathered and analyzed. But, releasing this “critical part” of the investigation was important, he said.

    “It absolutely excludes Louisville Metro Police,” he said.

    Brown said investigators are still conducting interviews, sifting through police dispatch, and examining video footage. The Kentucky State Police and Federal Bureau of Investigation are also examining the shooting, he said.

    Marvin McAtee, David McAtee’s nephew, said Tuesday evening in an interview that he wasn’t surprised to hear the fatal shot came from the National Guard. He is still gripped by confusion as to why the guardsmen had come to his corner in response to something as benign as a curfew.

    “They should have never even came,” he said.

    He’s fielded a barrage of media calls and interviews since his uncle’s death. He didn’t watch Brown’s speech Tuesday evening, and he’s trying to not worry much about the specifics of the case right now. No matter who shot, he said the result was the same — his uncle died.

    Now, he’s just focused on burying his uncle and carrying on his legacy.

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    LOUISVILLE, Ky. (WAVE) - David “Yaya” McAtee was shot and killed by a Kentucky National guardsman at his restaurant on June 1, Kentucky Secretary of the Executive Cabinet J. Michael Brown stated on Tuesday during Gov. Andy Beshear’s coronavirus briefing.

    A state investigator said residue proved McAtee, 53, fired his gun.

    McAtee’s family attorney Steve Romines said there is more to the story. He claims McAtee’s death is another example of a cover up and the city refusing to own up to its mistakes.

    Romines said McAtee’s death is a snapshot of the systemic racism that has been going on in Louisville. He said what the city and LMPD are trying to do is villainize McAtee for an eight second decision and completely ignore everything that led up to it.

    McAtee was a well-loved barbecue business owner and was known by local police he fed for free. Romines said there is no excuse or reason why McAtee should not still be alive and grilling today.

    State investigators said McAtee was shot and killed by a member of the Kentucky National Guard on June 1 and allege McAtee shot first.

    Romines said blaming the victim is their cover. He said the guardsmen were not dressed like law enforcement and no officers announced themselves.

    Romines said McAtee was cooking hamburgers 45 seconds before chaos broke out and he was protecting himself. He said the only people who get the benefit of a doubt in self-defense cases with guns are cops.

    "The people who get the benefit of the doubt in these stressful situations for firing a gun are always cops,” Romines said. “An unarmed black kid with a toy gun, gets killed they say ‘well there was no way to know that it wasn't a real gun.’ Then well how is David supposed to know one their cops since they didn't announce themselves and two that those aren't live rounds.”

    Romines said McAtee had every reason to believe he was in danger because officers ignored every policy about crowd dispersal.

    He said there were no protests or riots going on at McAtee’s restaurant the night he was killed and soldiers and police should have never been there. Romines said he’s received no information from the city or police about who ordered a joint military operation to go to a barbecue.

    "Where else did they send National Guards with live rounds anywhere beside the West End?” Romines said. “Where else did they send people to break up a BBQ anywhere else? Where else did they break every single policy they have for crowd dispersal? They didn't announce themselves as cops. Where else did they ignore use of force policies about shooting pepper balls at people's heads?"

    Romines said giving soldiers and officers weapons of war with live ammo and unleashing them on citizens is a violation of nearly every principal the country is founded on.

    A state investigator announced Tuesday McAtee did fire his gun twice that night. Romines said McAtee was entitled to the same self-defense as law enforcement and National Guardsmen and the fact that the state said body cameras were on at one point proves the corruption involved in the case.

    Romines said until the city and LMPD accept responsibility and faults in cases like McAtee and Breonna Taylor that the talk about change is just for show.

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    LOUISVILLE, Ky. (WAVE) - David McAtee was laid to rest today. Friends and family came by the dozens at Canaan Christian Church on Saturday and said their goodbyes.

    Saturday was the last time David McAtee will be physically near his loved ones. From now on, McAtee’s memory lives on through his family and friends.

    ”Our responsibility will be to continue the fight,” Rev Timothy Findley, Jr. of Kingdom Fellowship Church said. “Continue to pass and push the legacy and make sure his death was not in vain.”

    As the casket closed on David McAtee, the hearts of his family burst with emotion and can be heard crying.

    McAtee was shot once in the chest and died almost two weeks ago, after National Guard and LMPD officers were called to an area near 26th and Broadway to disperse a crowd. Investigators say McAtee shot at the National Guard, while patrolling in neighborhoods where there were protesters.

    Before the shooting, people who knew him say he inspired so many with his meals and it came with comfort.

    ”You loved your community, you were a kind soul, you fed people who needed it, again.. again and again,” Chef Edward Lee said. “From one chef to another, I’ll never know anything more powerful as making something with your hands and sharing it with your brothers and sisters in need.”

    Throughout the service there were tears and songs in praise, but also celebration of David McAtee’s life.

    McAtee will be buried by his family, hoping his soul rests in peace.

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    LOUISVILLE, Ky. (WAVE) - Multiple protests groups marched the streets of Louisville Saturday.

    Local protesters walked side by side of the NFAC, an armed group who calls themselves a militia. The groups leader calls himself led Grandmaster Jay.

    Before the march began, Grandmaster Jay gave his team a set of rules.

    “Do not point your gun at anyone unless they point their guns at you,” Jay said. “Then kill them, do not shoot them, kill them.”

    The NFAC marched in formation from Baxter Park to Jefferson Square Park.

    Another group who called themselves the Three Percenters also spent their day in downtown Louisville, to support police officers.

    Tara Brandau, commander of the Three Percenters said her group was downtown for safety reasons.

    “We just want to make sure Louisville remains calm and nothing happens,” Brandau explained. “There’s so many threats going on in this town because of the NFAC coming in”

    Local protesters said they appreciate the NFAC for traveling to Louisville, but there’s still work to be done.

    “After the NFAC leaves we still have to work with our city leaders,” a protester said. “And our police department and our metro council to improve the systematic systems here.”

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    “After the NFAC leaves we still have to work with our city leaders,” a protester said. “And our police department and our metro council to improve the systematic systems here.
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    LOUISVILLE, Ky. — The family of a beloved West End barbecue owner fatally shot in his kitchen doorway has filed a wrongful death suit against Louisville Metro Police, the Kentucky National Guard and two police officers.

    David "YaYa" McAtee, 53, died June 1 from a single bullet wound to the chest fired by a guard member whose name hasn't been released.

    A caravan of guard and Louisville police officers converged on 26th and Broadway on June 1 to break up a crowd after a night of protests downtown over the fatal shooting of Breonna Taylor. It resulted in an exchange of gunfire with McAtee that ended with him dying in his kitchen.

    His family's attorneys say the overuse of force and missteps by officers and soldiers — including violating multiple department policies and a directive from the chief — directly led to McAtee’s death.

    The complaint comes less than a week after the Louisville Metro Government settled a $12 million civil suit with the family of Taylor — a 26-year-old unarmed Black woman who was fatally shot by police in her apartment while officers were serving a no-knock warrant in the early hours of March 13.

    In McAtee's death, police and state officials say ballistic evidence and security cameras show McAtee fired at least two rounds from his 9 mm handgun that night and that two guard members and two Louisville officers, Katie Crews and Austin Allen, fired at least 19 shots in response.

    Minute by minute: What happened the night David McAtee was killed

    More:Louisville police nix days off while attorney general decision looms in Breonna Taylor case

    Steve Romines, a Louisville civil rights attorney representing the family, said part of the reason for the lawsuit is because they haven't been able to get information about the guard's role, policies and chain of command that night.

    The plaintiffs are McAtee's mother, 85-year-old Odessa Riley, and his niece, Maychelle McAtee, who was hit three times by pepper balls fired by police inside the door of her uncle's kitchen, according to photo evidence. She was working that night.

    The family is seeking unspecified compensatory and punitive damages for wrongful death, assault on McAtee and his niece, excessive use of force, negligence, trespassing and emotional distress.

    Jean Porter, a spokeswoman for Mayor Greg Fischer, said officials are still reviewing the lawsuit, which does not specifically name the Louisville Metro Government.

    "As the mayor has said before, David McAtee was a friend to many, and his death was a tragedy," Porter said.

    Kentucky Gov. Andy Beshear said he had no comment on the lawsuit. There was no immediate comment from the National Guard.

    It was about 12:15 a.m. June 1 when LMPD and the guard — which Beshear ordered to Louisville that weekend for the first time since 1975 — were dispatched to disperse a small crowd after curfew in the parking lot of Dino’s Food Mart at 26th and Broadway.

    Protests over the police shooting of Taylor had erupted into violence in other areas of the city. But there were no reports of violence at 26th and Broadway before authorities moved in.

    "As we said repeatedly, the administration seems to continue to sell this lie that there was some sort of unrest at 26th and Broadway," Romines told The Courier Journal on Monday.

    Last week, LMPD Assistant Chief Josh Judah testified before a Metro Council committee that officers were dealing with unrest in other parts of the city that night and they got "intelligence" that indicated protests might regroup in the West End.

    But LMPD's street camera footage, monitored live by officers that night, shows about 25 cars in a parking lot at 26th and Broadway and no more than 20 people walking in view, most of them patronizing the business. Surveillance footage and witnesses both indicated no protesters or crowds.

    Officers monitoring the footage alerted them to a crowd, Judah said.

    "That was the last problem in the city … and we sent both because we haven't been able to handle it by ourselves anywhere else," he said last week.

    But Romines has maintained there were no crowds or unrest in the area that night.

    "They're lies," Romines said. "Any hope of change, voluntary change is just that — hope."

    Last month, a state official leading a Beshear-sanctioned joint Kentucky State Police investigation into McAtee’s death said that it was “substantially complete” and had been sent to the Commonwealth Attorney’s Office for review, but that the case isn’t closed.

    The investigation hasn’t been publicly released.

    J. Michael Brown, Beshear's Executive Cabinet secretary, also said there’s nothing to suggest a significant difference between the findings and what had been preliminarily determined by police based on surveillance video: The shots fired at McAtee were justified.

    "This investigation has been comprehensive and includes more than 170 interviews, KSP lab reports and information obtained from federal agencies," Brown said in August.

    The FBI is also conducting a separate investigation that’s not completed.
    What led to the David McAtee shooting

    McAtee worked and lived across from Dino’s Food Mart on 26th. The night he died, he was grilling and making sandwiches while a few of his family members and friends were in his private, mostly fenced-in driveway area.

    Then police arrived on the Broadway side of the food mart.

    In the complaint, Romines says neither McAtee nor Maychelle knew about the “police raid” at Dino’s. Cellphone footage from a Dino’s patron shows officers and soldiers asking and telling people to leave.

    Officer Crews, however, is seen early on in street surveillance video straying from her colleagues and taking a different route across the parking lot toward 26th Street.

    She fired pepper balls, chemical and projectile weapons used for crowd control, at people lingering on the sidewalk near YaYa’s, McAtee's stand.

    McAtee’s nephew and business partner, Marvin McAtee, who was killed in a shooting last week, told The Courier Journal in June that several people they didn’t know came rushing into the shop from the street, running from pepper balls.

    At the time they didn’t know what was happening.

    “Up to this point, there had been no threat or violence directed toward the officers,” the complaint says.

    Crews can be seen on a surveillance camera walking up to the property line, shooting pepper balls onto David McAtee’s property, including inside the kitchen, though no one remained outside to violate the curfew.

    “From inside the kitchen, Maychelle McAtee and David McAtee did not know that the persons firing (pepper balls) at the restaurant were law enforcement officers,” the complaint says.

    Just before McAtee looked out the door to see what was going on, nonlethal projectiles exploded in smoke around the door and more went into the kitchen, hitting Maychelle as she stood next to him, according to the complaint.

    McAtee fired, authorities say twice, before he was struck in the chest, stumbled back inside and died.

    No body camera footage is available because police didn't turn their cameras on. The next day, Fischer fired longtime police Chief Steve Conrad for that failure and made body cameras mandatory for all officers all the time.

    Allegations of LMPD policy violations

    The complaint contends Crews and Allen violated several of the department’s standard operating procedures, as well as a May 30 directive by Conrad concerning Fischer’s curfew.

    “LMPD officers who observe individuals in violation of this order will first inform the individual of the existence of said order and try to gain voluntary compliance," the order stated. "If any individual refuses to comply with the officer’s persuasion and direct orders do not work, officers may arrest those continuing to refuse to comply for violating this order."

    The complaint also says the officers and guard violated LMPD’s standard operating procedures for crowd dispersal, which first requires an assessment of the situation.

    Then, officers are supposed to identify themselves by name and rank, issue a dispersal order, give people a reasonable amount of time to disperse and warn people before the use of any chemical agent, of which “the defendants did none of.”

    Officers are also required to fire pepper balls at the ground, not at people, the complaint says. Maychelle was hit in the thigh, shoulder and neck.

    When Crews was firing into the restaurant door, “no individual had used any force toward any law enforcement officer,” the complaint says.

    The complaint also says Kentucky National Guard soldiers didn’t receive proper command, instruction, equipment or training from local officials before assignment to the streets of Louisville.

    The chain of command for each “group” of soldiers wasn’t clear, and they were “not to make arrests or fire their weapons without proper instruction from their commanding officers,” Romines says in the complaint.

    They were armed with military long rifles rather than handguns or “proper equipment for policing or crowd control,” the complaint says.

    The failure to adhere to policies and procedures was a “substantial factor and the direct and proximate” cause of McAtee’s death and Maychelle’s injuries. The officers displayed “extreme indifference to the value of human life,” the complaint says.

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