Report: Louisville police, National Guard members will not face state charges in David McAtee's death

Posted at 3:32 PM, May 25, 2021
and last updated 2021-05-25 15:32:06-04

LOUISVILLE, Ky. (WDRB) — Officers with the Louisville Police Department and members of the Kentucky National Guard will not be prosecuted in David McAtee's death.

WDRB reports that Jefferson County Commonwealth's Attorney Tom Wine's office ruled he will not present the case to a Jefferson grand jury.

McAtee was shot and killed back in June in the parking lot of a business on West Broadway. Police say officers and the National Guard were called to break up a large group of people gathered after the city's curfew when someone fired a shot at them. McAtee later died after an exchange of gunfire. Wine says the officers were acting in self-defense, responding to McAtee first shooting at law enforcement.

Because McAtee fired his gun and "posed an immediate threat of death or serious injury," law enforcement was justified in using deadly force in response, Wine wrote.

Louisville Mayor Greg Fischer fired police chief Steve Conrad after learning that police officers did not record body-camera footage of the shooting.

A federal investigation is ongoing.