Fired Louisville Cop Admits to Excessive Force, Shooting Woman with Pepper Ball … – Law & Crime

By |2022-10-13T18:37:52-04:00October 13th, 2022|Breonna Taylor, David McAtee|

Katie R. Crews A fired police officer has pleaded guilty to inappropriately firing a pepper ball gun at the niece of a beloved restaurant owner, who died soon after when a member of the Kentucky National Guard shot him. The family of victim Machelle McAtee has said that when defendant Katie R. Crews struck her, it started a chain of events that resulted in Machelle’s uncle David McAtee, 53, unknowingly and tragically confronting law enforcement with a gun. Louisville police and the National Guard were in the area of 26th Street and Broadway early June 1, 2020, breaking up a crowd at a Dino’s gas station amid protests over Minneapolis Police Officer Derek Chauvin recently murdering George Floyd, and also an unrelated, botched police raid in which Louisville officers shot and killed local woman Breonna Taylor in her apartment. “According to LMPD policy and training, a nonlethal pepperball gun should be used only as an impact weapon — should only be shot at a person — if the person is actively aggressive,” the plea agreement stated. There was a curfew. On arriving to the intersection, Crews briefly spoke to some on in a car in the Dino’s parking lot about the curfew, documents stated. She walked across 26th Street. “Without having any additional one-on-one conversations to inform individuals of the curfew, Defendant shouted orders telling people to disperse, then fired pepperballs at the ground,” prosecutors said. “There was a small crowd of people outside a barbecue restaurant across 26th Street. As Defendant fired pepperballs, individuals who had been outside the restaurant quickly fled into the restaurant to seek cover. M.M. [Machelle McAtee] stood in the threshold of the restaurant. M.M. was not behaving aggressively and did not pose a threat to Defendant or others. Nonetheless, Defendant intentionally fired a pepperball directly at M.M., hitting M.M. on the shoulder.” Machelle McAtee told VICE that she was on private property when she was struck by the pepper balls. “We’re not on the sidewalk, we’re not on the street,” Machelle said. “I was blindsided.” She said she did not realize it was the police until after. Contrary to policy, Crews reportedly fired the pepper balls at Machelle instead of toward the ground. She asserted she opened fire at the niece for not going inside. “She was standing in, I don’t want to say, an aggressive manner, but as a manner that she was not going to go inside,” Crews told investigators, according to WDRB. McAtee’s family sued, saying it was law enforcement who escalated the situation by firing pepper balls at Machelle standing just inside the kitchen of David’s restaurant YaYa’s BBQ. That resulted in David’s death, they said. “Unaware of what was causing the chaos and who was shooting at his customers and his niece, David McAtee stepped out of the kitchen door to try and defend his restaurant, home, family and customers,” said the complaint obtained by WDRB. A National Guard member shot him to death. Last year, Commonwealth Attorney Thomas B. Wine of the 30th Judicial Circuit declined to bring a case involving McAtee’s death to a grand jury, saying that the man had fired two shots before one of the National Guard soldiers shot him in the chest. According to Wine, Crews fired eight times; fellow Louisville officer Austin Allen fired once. National Guard soldier Andrew Kroszkewicz fired four times. National Guard Staff Sergeant Matthew Roark fired six. Wine said they could not determine if Kroszkewicz or Roark fired the fatal shot. This is David McAtee – also known as “Yaya” & the “BBQ man”. He was shot to death after police say someone shot at them first as they tried to disperse a crowd this morning. Anger continues to swell as his body laid in the street for more than 12 hrs. The story at 5 on @WLKY. pic.twitter.com/RPZ2lt1NWe — Stephon Dingle (@Stephon_Dingle) June 1, 2020 As part of the plea agreement, Crews agrees to give up her law enforcement certification and to keep from seeking or accepting any law enforcement job in the future. She faces up to one year behind bars, a maximum fine of $100,000, and one year of supervised release. Sentencing is scheduled for Jan. 30, 2023. “Police officers who abuse their authority and act outside the bounds of the law will be held accountable,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute any officer who violates the public trust by using excessive force without cause.” Crews was also put under investigation for a Facebook post mocking a protester, saying she hoped it hurt when she shot her with pepper balls. Law&Crime contacted Crews’ attorney Steve Schroering for comment about the guilty plea. “Thank you for reaching out but Katie Crews will be making no statements during the pendency of the proceedings,” he wrote in an email. [Image via Louisville Metro Police Department] Have a tip we should know? [email protected]

An ex-Louisville cop pleads guilty to using excessive force in Breonna Taylor protests – NPR

By |2022-10-13T01:31:51-04:00October 13th, 2022|Breonna Taylor, David McAtee|

Former Louisville Metro Police officer Katie R. Crews, show in riot gear, pleaded guilty on Tuesday to a federal charge of using excessive force during curfew enforcement the night of David McAtee's death. Louisville Metro Police Department via AP Louisville Metro Police Department via AP LOUISVILLE, Ky. — A former Louisville police officer blamed for instigating a conflict that led to the fatal shooting of a Black barbecue restaurant owner during the Breonna Taylor protests has pleaded guilty to using excessive force. Katie R. Crews, 29, pleaded guilty in federal court Tuesday to a misdemeanor. She was indicted in March on a felony excessive force charge that carried a maximum penalty of 10 years in prison.

Former Louisville officer pleads guilty to using excessive force – The Washington Post

By |2022-10-13T01:31:54-04:00October 13th, 2022|Breonna Taylor, David McAtee|

A former Louisville police officer has pleaded guilty to a federal misdemeanor count of using excessive force in a case that stemmed from the fallout of the fatal police shooting of Breonna Taylor in 2020 and further exacerbated public outrage over the treatment of Black residents.Katie R. Crews, 29, admitted in a plea hearing Tuesday that she fired a pepper ball that struck Machelle McAtee on June 1, 2020, outside a popular barbecue restaurant. At the time, law enforcement authorities were attempting to enforce a city curfew intended to contain weeks of public protests after Taylor was killed during a police raid of her apartment in March of that year.Crews was indicted this year on a felony count that carried a potential sentence of 10 years in prison and a $250,000 fine, but the misdemeanor conviction carries a maximum penalty of one year and $100,000. Under the terms of the agreement, Crews, who was terminated from the Louisville police force in February, has forfeited her Kentucky law enforcement certification and will not be permitted to seek future employment in law enforcement, federal officials said.Federal prosecutors said they are recommending one year of probation for Crews but no jail time. Her sentencing hearing is set for Jan. 30, 2023.“Police officers who abuse their authority and act outside the bounds of the law will be held accountable,” Assistant Attorney General Kristen Clarke said in a statement.Breonna Taylor’s death sparked police reform in Louisville. But the path forward is complicated.The case involving Crews contributed to more protests in Louisville over the police treatment of Black residents. Crews, 29, is White, while Machelle McAtee is Black. Though McAtee, who authorities said was on private property and not posing a threat to police, survived the shooting, her uncle, David McAtee, who owned Ya-Ya’s BBQ, was fatally shot by a Kentucky National Guard member that evening amid escalating tensions.Authorities said David McAtee fired two shots after his niece was struck by the pepper ball, prompting officers from both the National Guard and Louisville police to fire at him with bullets. Local officials said the crowd outside the restaurant had not gathered to protest Taylor’s death, but rather was there to socialize, as the restaurant was a frequent gathering spot in the city’s West End, which is majority Black.Louisville community leaders said they were disappointed that Crews is likely to avoid jail. She is the only law enforcement official to be charged in the events that led up to David McAtee’s death.“I’m disappointed in the prosecutors. The idea that they would recommend probation — because of her actions, David McAtee is dead,” said Sadiqa Reynolds, the president of the Louisville Urban League.Reflecting on the past 2½ years since Taylor’s death, she added: “The community again and again makes these small steps and is told to celebrate them. Everybody wants to be thankful for a little bit of justice that anybody would be charged. But in reality, [Katie Crews] can no longer work in law enforcement, but he [David McAtee] can no longer work, period.”An attorney for Crews did not immediately reply to messages seeking comment.Four officers involved in Breonna Taylor’s killing face federal chargesIn August, the Justice Department filed federal civil rights charges against four current and former Louisville police officers in Taylor’s shooting death. The department also has spent 18 months conducting a civil “pattern or practice” investigation into the policies and procedures of the Louisville Police Department. Such probes typically result in court-mandated consent decrees that require local police agencies to implement significant changes.

Former LMPD officer in David McAtee case may plead guilty, face less prison time

By |2022-09-20T19:05:09-04:00September 20th, 2022|Breonna Taylor, David McAtee|

The former Louisville Metro Police officer charged with unreasonable use of force in the lead-up to West End barbecue stand owner David McAtee’s death in 2020 may plead guilty to a misdemeanor instead of a felony in her federal case and thus avoid a longer prison sentence. As a result, federal prosecutors indicated Tuesday in a superseding indictment that she may get up to one year in prison instead of the 10-year sentence she initially faced. Former officer Katie Crews was indicted in March on one count of deprivation of rights under color of law after a grand jury found she “willfully deprived” McAtee’s niece, Machelle McAtee, of her constitutional right "to be free from an unreasonable seizure, which includes the right to be free from the use of unreasonable force by a law enforcement officer." The indictment from the U.S. Department of Justice did not name Machelle McAtee but said that on June 1, 2020, Crews “fired a pepperball at M.M., striking M.M., while M.M. was standing on private property and not posing a threat to (Crews) or others.” The nonlethal pepperball projectile caused “bodily harm” to the victim. Crews, of Jeffersonville, Indiana, was 29 at the time of her indictment and initially pleaded not guilty in March. She waseventually released on a $25,000 unsecured bond, according to court records. During a status conference last week, prosecutors and the ex-officer's attorney, Steve Schroering, agreed to set a change-of-plea hearing for Oct. 11 before U.S. District Judge Benjamin Beaton. Other LMPD cases:These are the ex-Louisville Metro Police officers charged by feds with unlawful forceThe federal government indicated in a superseding indictment filed Tuesday she could face up to one year in prison and/or a $100,000 fine and up to a year of supervised release. She initially faced a maximum of 10 years in prison, three years of supervised release and $250,000 fine.Schroering, who often represents current and former LMPD personnel in legal matters, declined to comment.Crews was on paid administrative leave from June 1, 2020, until LMPD fired her in February 2022 following internal investigations into her actions and also into a Facebook post published days before the McAtee shooting in which she celebrated a protester getting shot by pepperballs, according to the department. Crews was among the LMPD officers and Kentucky National Guard members who responded shortly after midnight on that June night to a crowd that had gathered near David “YaYa” McAtee’s barbecue stand at 26th Street and West Broadway after a 9 p.m. curfew that Mayor Greg Fischer put in place amid protests over Breonna Taylor's killing. The night would end with National Guard and LMPD personnel shooting and killing David McAtee, with investigators determining the fatal shot came from a National Guard member. David McAtee was 53 years old. Fischer fired LMPD Chief Steve Conrad after learning the officers did not have their body cameras on during the shooting. A lawsuit later filed on behalf of David McAtee’s mother and niece describes the scene of YaYa’s BBQ that summer as a safe haven in the West End, blocks away from downtown protests and unrest over the police killings of Black Americans like Taylor and George Floyd that had begun a few days earlier. "There were no known protestors at the location, and no law enforcement intelligence suggested that violent protestors were meeting up in the area," says the pending lawsuit. But now-former LMPD Lt. Josh Judah allegedly then called the department’s command center and, per the lawsuit and reports, told officials, “Check out what we're about to do,” before National Guard and LMPD personnel moved in to clear a crowd mostly gathered in the Dino’s Food Mart parking lot across the street from McAtee’s barbecue business. Machelle McAtee previously told The Courier Journal she was standing in the doorway of her uncle's shop just after midnight when she was hit at close range with at least three projectiles before her uncle pulled her inside. Video footage from a neighboring business shows Crews standing at the fence line shooting projectiles at McAtee's door, even though no one was outside. Machelle McAtee contends Crews did not give her any verbal commands. Crews later admitted to investigators she had fired at Machelle McAtee that night."She was standing, I wouldn’t say in an aggressive manner, but … she was not going to go inside," Crews told investigators five days after the incident."After giving her verbal commands, I did shoot more pepper balls in her direction. She still refused, so I did shoot off more.”After Crews fired the pepper balls, a rush of people from the street pushed their way into the kitchen of YaYa's BBQ, where David McAtee lived and worked, sometimes feeding police officers on the beat, according to those who knew him.Interior surveillance footage shows that after pulling his niece inside from the doorway, David McAtee leaned out the door, fired his handgun twice above his shoulder and was almost immediately hit by return fire. An investigation determined the bullet from a Kentucky National Guard member killed him instantly, though another Guard member and two LMPD officers, Crews and Officer Austin Allen, also fired their weapons. In May 2021, Jefferson Commonwealth’s Attorney Thomas Wine announced he would not prosecute the two Guard members or LMPD officers for firing weapons that night. He said Crews violated department policies, but her actions didn't rise to the level of a crime. Along with Crews, at least three other now-former LMPD officers have faced federal charges since 2020 that relate to the unlawful use of force against civilians. Breonna Taylor case:Trial for ex-LMPD Detective Brett Hankison in Breonna Taylor case delayed nearly a yearIn addition, the DOJ announced indictments in August against four LMPD personnel accused of lying on the drug-related search warrant or recklessly firing bullets into a neighboring apartment during the raid that brought police to Taylor’s South End apartment in March 2020. The raid, which would go on to garner international attention, resulted in the officers fatally shooting Taylor, a 26-year-old emergency room technician, after her boyfriend fired a warning shot at the group he said he thought were intruders, not police.  No drugs or money were found in Taylor’s home. Reporter Kala Kachmar contributed to this story. Reach Billy Kobin at [email protected] 

These are the ex-Louisville Metro Police officers charged by feds with unlawful force

By |2022-09-20T05:46:29-04:00September 20th, 2022|Breonna Taylor, David McAtee|

As the U.S. Department of Justice conducts its investigation into the patterns and practices of Louisville Metro Police and Metro Government, several former LMPD officers have faced federal charges since 2020 that relate to unlawful uses of force but are unrelated to the death of Breonna Taylor.The following is a rundown of the former department personnel who have faced or are still facing criminal cases in federal court, along with one cop who was under investigation but has yet to face charges. (The list does not include Brett Hankison and three other ex-LMPD officers who face charges in connection with Taylor's killing.)Katie CrewsThe former LMPD officer at the center of the fatal shooting of West End barbecue chef David McAtee was charged in March 2022 with depriving McAtee's niece of her constitutional rights "to be free from an unreasonable seizure, which includes the right to be free from the use of unreasonable force by a law enforcement officer," according to the DOJ.Crews was among the LMPD officers and Kentucky National Guard members who responded to a crowd just after midnight on June 1, 2020, that had gathered after a city-implemented curfew at Dino's Food Mart near McAtee's barbecue stand at 26th Street and West Broadway amid protests over Breonna Taylor's killing. Some witnesses who were in the Dino's parking lot or with McAtee as he cooked that night noted they were not actively participating in the protests, which were focused several blocks away in downtown Louisville.Crews, of Jeffersonville, Indiana, is accused of firing pepper ball projectiles, a "less lethal" weapon, at M.M. while they were on private property and did not pose a threat to Crews or other officers at the scene. M.M. is not named in the indictment, but McAtee's niece, Machelle McAtee, previously told investigators Crews had injured her by shooting pepper balls at her while police were dispersing the crowd.Crews later admitted to investigators she had fired at Machelle McAtee that night."She was standing, I wouldn’t say in an aggressive manner, but … she was not going to go inside," Crews described to investigators five days after the incident."After giving her verbal commands, I did shoot more pepper balls in her direction. She still refused, so I did shoot off more.”Potential punishment for Crews include 10 years of imprisonment, three years supervised release and a $250,000 fine.Crews was on paid administrative leave from June 1, 2020, until LMPD fired her in February 2022. Crews appealed her firing to the city's Police Merit Board but requested the hearing be put on hold until her federal case is resolved.LMPD's Professional Standards Unit found Katie Crews violated three policies related to the McAtee incident: body camera procedures, de-escalation and use of chemical agents, according to her termination letter.A separate internal investigation related to a Facebook post in which Crews celebrated a protester being shot by pepper balls found she also violated policies on using social media and police conduct.She appeared Sept. 15, 2022, for a status conference, and attorneys indicated a change of plea hearing is likely this fall.Bryan Wilson and Curt FlynnThe two former LMPD officers were convicted in June 2022 of federal civil rights violations related to throwing drinks from their unmarked squad cars at people in Louisville's West End.Wilson, 36, and Flynn, 40, both pleaded guilty to one count of conspiracy to violate the civil rights of Louisville pedestrians through the arbitrary use of force, according to the Department of Justice. Wilson also pleaded guilty in a cyberstalking case, in which he threatened to publish compromising photos or videos of at least six females unless they provided additional compromising material.They are both scheduled to be sentenced Sept. 30. Wilson faces a combined maximum penalty of 15 years in prison in his two cases, while Flynn faces a maximum penalty of 10 years in prison.Brett Hankison:Trial for ex-LMPD detective in Breonna Taylor case delayed nearly a yearAfter his federal conviction, Wilson resigned from LMPD. As for Flynn, Chief Erika Erika Shields said he resigned in July 2020 due to a separate criminal investigation.Both Wilson and Flynn were working as detectives in the Ninth Mobile Division from August 2018 through September 2019 when they threw large beverages, including the container, at civilians who were walking, according to a release from the Department of Justice.The two — joined by others who were not named in the release — threw the drinks while dressed in LMPD uniforms and driving unmarked police vehicles. When they identified a target, they'd drive their LMPD vehicles closer to the person before throwing the drinks after announcing on the police radio that "someone was thirsty," or "thirsty fam," the DOJ release said.After throwing the beverage, the driver of the LMPD vehicle would flee the scene. On many occasions, people were hit with the beverage and on at least one occasion, a person was knocked down after being hit, according to the DOJ.The assaults were also recorded either by the detectives or others participating, "sometimes from inside the car from which the beverage was thrown, and sometimes from an LMPD car following closely behind the car from which the beverage was thrown," the DOJ said."Wilson subsequently displayed these videos to other members of the LMPD Ninth Mobile Unit," according to the DOJ. The behavior of the officers became public in June 2021, when Shields said the FBI was investigating, calling it "another black eye to the department." Jefferson Circuit Judge Jessica Green, who previously served as the Metro Council representative for District 1, which includes West End neighborhoods, had said the victims included Black residents who were homeless.Cory Evans (already sentenced)Cory Evans, who had been an officer for about seven years before resigning from the department in July 2021 after LMPD initiated his termination, was sentenced in February 2022 to two years in prison for beating an unarmed, kneeling protester on the head with a wooden riot stick and then repeatedly lying to his superiors about it.Evans had pleaded guilty in 2021 to deprivation of rights under color of law in connection with the May 31, 2020, assault of Marty Chester, which occurred in the early days of the racial justice protests in Louisville.Chester suffered a gash on his head, needed three staples and lost his hearing for several months. He also said at the sentencing hearing he had experienced anxiety and post-traumatic stress disorder since the assault.Evans said he was "embarrassed" by what he'd done during a night of protests that another officer described as "pure chaos," then apologized for his actions and for having "drug (LMPD's) name through the mud."But in an interview with WAVE3 News published soon after his sentencing hearing, the ex-officer struck a different tone, describing the moment when "the feds say that I struck him.""I don't deny that he was hit," Evans said. "I deny that I hit him with the intent or malice."Brian Butler, the attorney for Evans, argued in court that Chester was in a group of people reportedly committing arson and throwing bricks that night.But Assistant U.S. Attorney Amanda Gregory reminded the court that Chester was not on trial. While Chester was arrested that night, his charge was ultimately dismissed and expunged, Gregory said, and no officer claimed to have seen him throw bricks or start fires. In addition to the two years in prison, Evans must also pay $1,962.85 in restitution.Reach Billy Kobin at [email protected]

Why charges will not be dropped against hundreds of Breonna Taylor protesters in Kentucky

By |2022-09-09T18:04:23-04:00September 9th, 2022|Breonna Taylor, David McAtee|

Jefferson County's top prosecutor will not drop charges against Breonna Taylor protesters whose cases are still making their way through court, despite renewed calls to do so.On Wednesday, several protest organizers met at Jefferson Square Park to demand all remaining cases be dismissed, stating new information that continues to be uncovered around Taylor's death shows Louisville police have repeatedly lied to the community and investigators.But in a statement, County Attorney Mike O'Connell said the outstanding protest-related cases do not meet his office's "criteria for dismissal" and will continue to be prosecuted.His office previously reviewed more than 1,000 protest arrests made between 2020 and 2021 and dismissed 70% of them, according to a Courier Journal analysis. But it has moved forward with more than 200 cases involving violence, threats of violence, property damage and road blocking."This consistent approach to prosecuting these cases ensures the public that every member of our community is treated fairly and equally before the law," O'Connell said.Background:Why most protesters arrested by Louisville police will never be convicted of a crimeProtest organizer Chris Will, however, said nothing about Taylor's case or the protest-related arrests has been fair."I can show time and time and time again how the law doesn't work in our favor, period," he said.Several Louisville Metro Police officers have been federally charged for protest-related incidents, including former officers Cory Evans, who was found to have bludgeoned a kneeling demonstrator, and Katie Crews, who was accused of unreasonable use of force leading up to the fatal shooting of West End barbecue stand owner David McAtee.Will and others who spoke Wednesday also pointed to new documents that allege Detective Sgt. Kyle Meany hid information from other officers before they served a no-knock warrant at Taylor's apartment, where she was shot and killed.Meany is one of four officers that were recently indicted by the U.S. Department of Justice for violating Taylor's civil rights.Latest:LMPD cop hid info that Taylor's boyfriend was at apartment, had gun permit, government saysAccording to court records, Meany surveilled Taylor's apartment two days before the warrant was served, saw her boyfriend Kenneth Walker's car parked nearby and discovered he had a concealed carry permit. But even though that made the search riskier, Meany did not tell the team of detectives who executed it, nor did he insist it be included in the application for the search warrant.On March 13, 2020, Taylor was fatally shot by Sgt. Jonathan Mattingly and Detective Myles Cosgrove after Walker, believing the couple was being robbed, fired one shot from the apartment that struck Mattingly in the leg."We told you from the very beginning follow the warrant," poet and activist Hannah Drake said Wednesday. "... You called us thugs. You called us losers. We were the ones that were ruining this city. We didn't break the contract with this city."Y'all are concerned about some broken windows. I'm concerned about the broken trust in this community. Every window is fixed. How do you fix Tamika Palmer? How do you fix Kenneth Walker?"About 170 protest-related cases remain open, with about a third involving defendants who failed to appear in court.Two dozen others are linked to a demonstration that shut down the Clark Memorial Bridge in June 2020. Last month, Jefferson District Judge Anne Haynie ruled the 26-member group could stand trial together over objections from the protesters' defense attorneys.That trial is scheduled for Nov. 3.Andrew Wolfson contributed to this report.Reach reporter Bailey Loosemore at [email protected], 502-582-4646 or on Twitter @bloosemore.

Why charges will not be dropped against hundreds of Breonna Taylor protesters

By |2022-09-08T12:28:02-04:00September 8th, 2022|Breonna Taylor, David McAtee|

Jefferson County's top prosecutor will not drop charges against Breonna Taylor protesters whose cases are still making their way through court, despite renewed calls to do so.On Wednesday, several protest organizers met at Jefferson Square Park to demand all remaining cases be dismissed, stating new information that continues to be uncovered around Taylor's death shows Louisville police have repeatedly lied to the community and investigators.But in a statement, County Attorney Mike O'Connell said the outstanding protest-related cases do not meet his office's "criteria for dismissal" and will continue to be prosecuted.His office previously reviewed more than 1,000 protest arrests made between 2020 and 2021 and dismissed 70% of them, the statement said. But it has moved forward with about 300 cases involving violence, threats of violence, property damage and road blocking."This consistent approach to prosecuting these cases ensures the public that every member of our community is treated fairly and equally be for the law," O'Connell said.Background:Why most protesters arrested by Louisville police will never be convicted of a crimeProtest organizer Chris Will, however, said nothing about Taylor's case or the protest-related arrests has been fair."I can show time and time and time again how the law doesn't work in our favor, period," he said.Several Louisville Metro Police officers have been federally charged for protest-related incidents, including former officers Cory Evans, who was found to have bludgeoned a kneeling demonstrator, and Katie Crews, who was accused of unreasonable use of force leading up to the fatal shooting of West End barbecue stand owner David McAtee.Will and others who spoke Wednesday also pointed to new documents that allege Detective Sgt. Kyle Meany hid information from other officers before they served a no-knock warrant at Taylor's apartment, where she was shot and killed.Meany is one of four officers that were recently indicted by the U.S. Department of Justice for violating Taylor's civil rights.Latest:LMPD cop hid info that Taylor's boyfriend was at apartment, had gun permit, government saysAccording to court records, Meany surveilled Taylor's apartment two days before the warrant was served, saw her boyfriend Kenneth Walker's car parked nearby and discovered he had a concealed carry permit. But even though that made the search riskier, Meany did not tell the team of detectives who executed it, nor did he insist it be included in the application for the search warrant.On March 13, 2020, Taylor was fatally shot by Sgt. Jonathan Mattingly and Detective Myles Cosgrove after Walker, believing the couple was being robbed, fired one shot from the apartment that struck Mattingly in the leg."We told you from the very beginning follow the warrant," poet and activist Hannah Drake said Wednesday. "... You called us thugs. You called us losers. We were the ones that were ruining this city. We didn't break the contract with this city."Y'all are concerned about some broken windows. I'm concerned about the broken trust in this community. Every window is fixed. How do you fix Tamika Palmer? How do fix Kenneth Walker?"About 200 protest-related cases remain open, including two dozen linked to a demonstration that shut down the Clark Memorial Bridge in June 2020.Last month, Jefferson District Judge Anne Haynie ruled the 26-member group could stand trial together over objections from the protesters' defense attorneys.That trial is scheduled for Nov. 3.Andrew Wolfson contributed to this report.Reach reporter Bailey Loosemore at [email protected], 502-582-4646 or on Twitter @bloosemore.

Former Louisville police officer quits Jewish Community of Louisville job after backlash

By |2022-08-25T13:37:18-04:00August 25th, 2022|Breonna Taylor, David McAtee|

Former Louisville Metro Police Lt. Josh Judah resigned Wednesday from his position at the Jewish Community of Louisville after facing fierce opposition from members of the city's Jewish and Black communities, based on his leadership during the racial justice protests of 2020.Judah, who served with LMPD for 21 years before retiring, was announced as the Jewish Community of Louisville's regional security adviser in July, tasked with improving security measures for the city's Jewish community. In the announcement, the nonprofit touted Judah's lengthy law enforcement background but did not mention the two active lawsuits he is named in, nor that his reputation among the city's Black community was featured in a story by VICE.Members of the Jewish community had expressed surprise over his hiring in a July 24 email to the nonprofit's president, Sara Wagner, that was obtained by The Courier Journal. In the email, signed by 16 people, the members said there was little to no discussion before the announcement was made July 11. Moreso, Judah's hiring could "be perceived as disregarding the value of Black lives in Louisville and the pain endured at the hands of unjust, inequitable, and life-threatening overpolicing by LMPD," the email stated.That perception is exactly how many people in both communities have viewed the hiring, Louisville Urban League President Sadiqa Reynolds said."This officer is a symbol of the pain the Black community has suffered through since 2020," she said. "It is appalling that any organization claiming to be allied with the Black community and our struggle for justice, would even consider hiring him. "We are not positioned to speak to his guilt or innocence but many of us believe that if Breonna Taylor and David McAtee were anything other than Black, Mr. Judah could not have had a successful candidacy for employment." Minute by minute:What happened the night David McAtee was shot dead by National GuardIn an email to The Courier Journal about his hiring Aug. 11, Wagner wrote, "Mr. Judah was hired after an in-depth process, based on his expertise, his understanding of the threats and needs of our Jewish community, and his relationships with local, state and federal law enforcement agencies."Unsuccessful attempts to contact Judah were made by The Courier Journal through his attorney and Wagner.On Wednesday, Wagner announced that Judah resigned."We had hoped to continue to engage in constructive dialogue about the new role Josh began in support of safety and security for the Jewish community and beyond," Wagner wrote in an email. "Unfortunately, current circumstances make it impossible for Josh to meet this goal. Recognizing this, Josh has tendered his resignation as Regional Security Advisor for SAFE Louisville."Why is Josh Judah being sued?Judah was on scene in the aftermath of Taylor's killing in March 2020, though he was not involved in the actual raid. Issues also were raised after McAtee was shot to death by a National Guard member in the early morning hours of June 1, 2020. The guardsman was at the scene of McAtee's business and home on 26th and Broadway because of orders given by Judah. The shooting came after days of protests over Taylor's killing, and a citywide curfew had been issued."It is a big deal that the National Guard ended up at 26th and Broadway," Reynolds said. "There were no protests beyond Eighth Street in Louisville. So why in the world was the National Guard sent to 26th and Broadway?" A lawsuit against Judah, two other LMPD officers and the guardsman who shot McAtee that night was filed on behalf of his mother and niece, which describes the scene of the business that summer as a safe haven in the West End, away from downtown protests and unrest."There were no known protestors at the location, and no law enforcement intelligence suggested that violent protestors were meeting up in the area," the lawsuit, filed in September 2020, states.Yet, just over two minutes after police and soldiers arrived, "the police blocked the intersection and yelled at a crowd at a food mart to leave, pursued and fired upon those leaving, shot into the door of the restaurant kitchen striking Mr. McAtee's niece, Machelle, and shot and killed David McAtee inside the kitchen of his business and home," the lawsuit states.While Judah did not deliver the fatal shot to McAtee, the suit alleges his actions that night were in violation of department policy and ultimately led to McAtee's death and to his niece's injuries.Prior to arriving, Judah allegedly called the city's command center and told officials, "'Check out what we're about to do,'" the suit states. "Everyone then turned to the surveillance screens, and watched as law enforcement arrived at 26th and Broadway. One officer in the command room stated, 'I put up my feet and got out the popcorn' because 'that's how the message (from Judah) was delivered.'"Claims in a lawsuit represent one side of an argument.How exactly the night unfolded is unclear given all officers at the scene failed to turn on their body cameras, despite being the department's standard operating procedure.One former officer, Katie Crews, has been federally indicted in the incident and she was fired by the department for her actions that night and for a social media post she made earlier that day.Crews was caught on video from a nearby business standing at close range on the property line firing pepper balls into McAtee's kitchen, hitting his niece several times. McAtee pulled his niece inside and fired twice above his shoulder with a handgun.Crews' social media post was of a Courier Journal photo showing a protester handing a flower to Crews, with a caption that said: "I hope the pepper balls that she got lit up with a little later on hurt … Come back and get some more ole girl, I'll be on the line again tonight."A second lawsuit, filed in July 2021, alleges Judah ordered the arrests of two protesters who were attempting to enter a church prior to the city's curfew in September 2020, but were blocked by barricades from doing so. The suit alleges the arrests were unlawful and the protesters' rights were violated due to LMPD negligence. All charges filed against the protesters that night have been dropped.While Judah has been named in the two suits, he has not been criminally charged nor was he officially reprimanded by LMPD for any of his actions during the summer of 2020. Despite this, the allegations made against him should carry weight with the Jewish Community of Louisville, Reynolds and others said."We believe that whether the allegations are true or false, the community would not have hired him with these allegations circulating, with an active lawsuit, if they valued our (Black) experiences and our lives," she said.Additionally, she said, a lack of charges does not mean a person is innocent. "Do you know how many things happen in the Black community every day and nobody in any position is ever reprimanded?" she asked. Referring to recent indictments and one conviction related to Breonna Taylor's killing, Reynolds said, "The fact that we see any prosecution is an anomaly. So, don't tell me that the fact they weren't prosecuted means they are absolved of any guilt. All the time, our rights are violated." More: What to know about 7 Louisville Metro Police cases the FBI is investigating for misconductWagner declined to directly answer whether the nonprofit's leadership was aware of the allegations against Judah prior to his hiring. But in an Aug. 18 email obtained by The Courier Journal, Wagner wrote, "Josh has been very proactive and candid about his involvement in facilitating peaceful protests and to try to avert any instances of violence.""We certainly expressed our concern and discussed the issue at great length with Josh.At the conclusion of the hiring and vetting process, we were confident that Josh was – and still is – the right person for the job."For Honi Goldman, a local activist and member of the Jewish community, the hiring and continued employment of Judah, despite mounting outrage, represented an unprecedented divide between Louisville's Jews and the nonprofit."My family has been an integral part of Louisville’s Jewish Community for over a 100 years," Goldman wrote in a statement to The Courier Journal. "I cannot recall another schism of this magnitude that has pitted Jews in this city against the Jewish Community of Louisville. This blatant insensitivity of hiring a man who was so involved in one, if not the, most horrible racial crimes in our lifetime, will have repercussions on this entire city for years, if not decades."In her announcement of his resignation, Wagner wrote, "We appreciate that he has put the best interests of the community first in choosing to step aside, and we wish him the best in his next opportunity to serve."Moving forward Wagner indicated a shift in how the next security adviser will be hired."We are committed to incorporating feedback that represents the diversity of the Jewish community and our partners and neighbors across Louisville, with a primary focus on the safety, security, and resiliency of the Jewish community – and with a hope that our efforts can benefit other communities with comparable and shared issues relative to hate crimes and targeted violence," Wagner wrote. "We look forward to engaging with the Jewish community and beyond as we work toward the common goals of safety and security for everyone in Louisville."Contact reporter Krista Johnson at [email protected].

What to know about 8 Louisville Metro Police cases the FBI is investigating for misconduct

By |2022-06-27T05:45:46-04:00June 27th, 2022|Breonna Taylor, David McAtee|

LOUISVILLE, Ky. — When it comes to allegations of Louisville Metro Police misconduct, the FBI has had plenty to investigate.Since the shooting death of Breonna Taylor at the hands of police in March 2020, the FBI Louisville Field Office has opened several investigations into LMPD officers. The oldest, which predates Taylor's death, is the five-year probe into the sex abuse scandal in the police department's Explorer Scout program, which was initiated in 2017.The remaining open cases stem from police incidents mostly related to the social justice protests following Taylor's death. Here's a look at where those cases stand.Louisville Police Explorer Scout caseThe FBI is nearing the end of its five-year investigation into the child sex abuse scandal that occurred in the Louisville Metro Police Department’s Scout Explorer program.The scandal came to light in 2017 when a 22-year-old filed a lawsuit alleging he was abused by LMPD officers Kenneth Betts and Brandon Wood when he was between 17 and 19 years both in their homes and in police cars.The lawsuit also said the police department and lieutenant who ran the program conspired to cover up the abuse.Mayor Greg Fischer in 2017 hired a former U.S. attorney to investigate independently and requested an FBI investigation.The federal investigation, which is still ongoing, led to the conviction of three LMPD officers, including Betts, Wood and Brad Lee Schuhmann, for deprivation of rights, attempted enticement, possession and distribution of child porn and the transfer of obscene material to a minor.The case also revealed that the officers propositioned, molested or intimated more than a dozen former Scouts in the program.Authorities said they expect a decision from the U.S. Attorney’s Office soon on whether there will be further prosecutions.The death of Breonna TaylorFederal authorities, including the Louisville FBI and the Civil Rights Division in Washington D.C., continue to investigate the death of Breonna Taylor, an unarmed Black ER tech killed by Louisville police who were trying to conduct a search for drugs and cash on March 13, 2020.In May 2020, the FBI opened its "color of law" case, meaning it is investigating allegations of police officers or other officials improperly using their authority, including excessive force, false arrest or obstruction of justice. Taylor, 26, died at her South Louisville apartment when Louisville Metro Police officers attempted to serve a search warrant as a part of a broader narcotics investigation targeting several homes simultaneously.After police forced open Taylor's front door, Kenneth Walker, her boyfriend at the time, fired one shot, striking Sgt. Jonathan Mattingly in the thigh. Mattingly, and detectives Myles Cosgrove and Brett Hankison fired 32 times in response, killing Taylor.Walker said he never heard officers announce themselves at the door and thought intruders were trying to break in.Mattingly was cleared of wrongdoing by an LMPD investigation into policy violations but retired from the force in June 2021. Cosgrove and Hankison have been fired, as has detective Joshua Jaynes, who obtained the search warrant with a no-knock clause. Jaynes is still trying to get his job back and recently lost his appeal to a circuit judge.Hankison was acquitted by a jury in state court on three counts of first-degree wanton endangerment for bullets that penetrated an occupied apartment next to Taylor's.The death of David McAteeThe FBI is investigating the death of David McAtee, a West End barbecue shop owner who was fatally shot by the Kentucky National Guard after authorities, including LMPD, were sent to 26th and Broadway to disperse a crowd that had gathered across the street on June 1, 2020.Though social justice protests had started in Louisville just days earlier, the crowd was not protesting, but rather violating the mayor's 9 p.m. curfew.McAtee fired two shots outside the door of his home and business, YaYa's BBQ, after his niece was shot with pepper balls in their doorway by LMPD Officer Katie Crews.Seconds before his niece was hit, people from the street rushed into McAtee's business while fleeing Crews' pepper balls.Crews was charged federally with excessive use of force for shooting at McAtee's niece, but the case remains open.Crews was fired in February at the conclusion of an internal Professional Standards Unit investigation that found she violated several department policies — including de-escalation, use of chemical agents and body camera procedures — leading to McAtee's death.The internal investigation found that Crews didn't have permission to use the pepper ball gun, and that she shouldn't have fired the rounds because the crowd was neither "disorderly" nor "aggressive."Dusten Dean, the officer who fired nonlethal rounds at a TV crewAn LMPD officer who was captured live on camera shooting nonlethal pepper ball rounds directly at a local television news crew during the city’s social justice protests is under federal investigation.WAVE 3 TV news reporter Kaitlin Rust and cameraman James Dobson were both hit by Dean’s pepper balls on May 29, 2020, while standing behind the police line. A statement from WAVE said the crew was not interfering with law enforcement.Rust told The Courier Journal in 2021 she was interviewed by the FBI later that summer and shared a January email from an FBI victim specialist that included a case number and a note thanking her for her assistance while they investigate the case.A list of officers on investigative leave obtained by The Courier Journal through a public records request indicates Dean has been on paid suspension at home since June 2, 2020, while the department conducts a Public Integrity Unit investigation to determine whether there was any criminal wrongdoing.Officers who threw drinks at residentsTwo former Louisville police officers pled guilty on June 21 to conspiracy to violate civil rights — a federal crime — for throwing large beverages and the containers at numerous Louisville residents while on duty in unmarked police cars.Curt Flynn, 40, and Bryan Andrew Wilson, 36, are both scheduled to be sentenced on Sept. 30. They face a maximum penalty of 10 years in prison.From August 2018 through September 2019, the two officers while working as detectives in LMPD's Ninth Mobile Division in uniform would bring the beverages into their vehicle and get close enough to throw the drinks at targets they identified.They would speed off after throwing the drinks, according to a news release from the Justice Department. At least one victim was knocked onto the ground from the impact of the beverage container and "many" others were hit.Wilson or Flynn would sometimes get on the police radio and announce "someone was thirsty" or "thirsty fam." Both would also either record their actions on a cell phone from inside the vehicle or instruct another LMPD officer to record from a vehicle following closely behind and then show the videos to other officers in the unit.Wilson was placed on administrative light duty in October 2019 and resigned in July 2020 related to another criminal investigation. Flynn was put on administrative light duty in June 2021 and resigned from the department the day he pleaded guilty, according to LMPD Chief Erika Shields.Shields in a statement apologized to those affected by their conduct and said she's initiating a Professional Standards Unit investigation to determine other officers' level of knowledge or involvement."I want to make it clear to everyone the actions of former detectives Flynn and Wilson are reprehensible, sickening and do not reflect the core values of LMPD. Their behavior was demoralizing and dehumanizing to the victims," she said.Officer extorted women for compromising photosWilson, one of the officers who pled guilty in the drink-throwing conspiracy, also pled guilty to conspiracy to commit cyberstalking, another federal charge. In the fall of 2020, Wilson used an electronic communication service to harass, intimidate and cause emotional distress to at least six women.As part of the conspiracy, he hacked computer applications belonging to the women to steal compromising" photos, videos and other information that he would then threaten to publish unless they provided additional compromising material to him, according to a news release from the Justice Department.Wilson, combined with the charge for conspiring to violate civil rights, faces a maximum penalty of 15 years in prison. He will be sentenced Sept. 30 in both cases.Aaron Ambers, the officer who punched a protester in the face:An officer caught on video punching a protester in the face during an arrest in April 2021 is under federal investigation.Aaron Ambers was exonerated by an internal Professional Standards Unit investigation released in March.

Former LMPD officers heading to federal prison for throwing drinks at people in West End

By |2022-06-21T17:52:29-04:00June 21st, 2022|David McAtee|

Two former Louisville Metro Police officers have been convicted of federal civil rights violations after throwing drinks from their unmarked squad cars at people in Louisville's West End, according to the U.S. Department of Justice, with one of the officers pleading guilty to additional cyberstalking charges.Bryan Andrew Wilson, 36, and Curt Flynn, 40, both pleaded guilty Tuesday to one count of conspiracy to violate the civil rights of Louisville pedestrians through arbitrary use of force. Wilson also pleaded guilty in the cyberstalking case, in which he is accused of threatening to publish compromising photos or videos of women unless they provided additional compromising material.Wilson and Flynn are both scheduled to be sentenced on Sept. 30. Wilson faces a combined maximum penalty of 15 years in prison on both cases, while Flynn faces a maximum penalty of 10 years in prison. More news:Louisville Mayor Greg Fischer says Fourth Street Live punch would've been 'hard to stop'Both Wilson and Flynn were working as detectives in the Ninth Mobile Division from August 2018 through September 2019 when they threw large beverages, including the container, at civilians walking, according to a release from the department.The two — joined by others who were not named in the release — threw the drinks while dressed in LMPD uniforms and driving unmarked LMPD vehicles. They would bring the beverages into their cars and after identifying a target, they'd drive the LMPD vehicle closer to the person, before announcing on the police radio that "someone was thirsty," or "thirsty fam," the release stated. Related:FBI investigating Louisville cops throwing drinks at people in West EndAfter throwing the beverage, the driver of the LMPD vehicle would flee the scene. On many occasions, people were hit with the beverage and on at least one occasion, a person was knocked down after being hit, according to the release.The assaults were also recorded either by the detectives or others participating "sometimes from inside the car from which the beverage was thrown, and sometimes from an LMPD car following closely behind the car from which the beverage was thrown," the release states. "Wilson subsequently displayed these videos to other members of the LMPD Ninth Mobile Unit," it stated. More news:Why a Louisville woman's murder may force this rape victim to confront her attackerIn the separate case, Wilson pleaded guilty and admitted to stealing compromising photos and videos of women, then sending them text messages in which he threatened to publish them unless they sent more to him material. He was able to steal the photos by hacking computer applications belonging to the women, the release states. "Throughout the course of the cyberstalking conspiracy, Wilson had at least six female victims from whom he stole compromising photographs, videos and other information and attempted to extort additional material on threat of publication," the release stated. Court documents indicate the theft and threatening of the women happened between September and October 2020. News of the recorded beverage assaults came to light in June 2021, which LMPD Chief Erika Shields called at the time "another black eye to the department." Shields told Metro Council members at the time that both officers had been reassigned to desk duty, and that a federal investigation was underway.Councilwoman Jessica Green, D-1st District, said at the time she was "very disturbed" by the case, calling it sickening and disgusting."I am very disturbed about the idea of narcotics detectives throwing snowcones on homeless Black people in West Louisville," saidGreen, who has since been sworn in as a Jefferson County Circuit Court judge. "I hope nobody makes excuses for that kind of behavior." Bryan and Wilson mark the third and fourth LMPD officers to be federally charged in about a year's time. Former officer Cory Evans was charged in June 2021 to deprivation of rights under color of law after he was found to have bludgeoned an unarmed, kneeling protester on the head with a wooden riot stick and then repeatedly lied to his superiors about it.He pleaded guilty to the charge and sentenced in February to two years.In March, former officer Katie Crews was charged federally with unreasonable use of force leading up to the fatal shooting of West End barbecue stand owner David McAtee Crews is accused of depriving an individual referred to as M.M. of their constitutional rights "to be free from an unreasonable seizure, which includes the right to be free from the use of unreasonable force by a law enforcement officer."This story may be updated.Contact reporter Krista Johnson at [email protected].

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