The lawsuit, filed Monday morning in Jefferson Circuit Court docket and supplied to CNN by McAtee household attorneys, accuses officers Katie Crews and Allen Austin, 10 unnamed LMPD officers and 10 unnamed members of Kentucky’s Nationwide Guard with McAtee’s dying, assault and battery, extreme use of drive and negligence, amongst different costs.
In accordance with the lawsuit, police and nationwide guard members swarmed protesters shortly after midnight in downtown Louisville and chased people who had been throughout the road however had fled to the world the place McAtee’s restaurant — YaYa’s BBQ — is positioned.
“Officer Crews and others then fired what seemed to be pepper balls on the people in entrance of the restaurant, forcing the individuals to flee hearth by getting into the restaurant’s kitchen door,” in response to courtroom paperwork.
“Because the people sought security contained in the restaurant, the police continued to fireplace their weapons at them and on the restaurant … David McAtee was nonetheless in his kitchen, unaware of what was happening exterior.”
The lawsuit alleges McAtee’s niece Maychelle was hit “a number of occasions” with pepper balls.
“Unaware of what was responsible for the chaos and who was taking pictures at his clients and his niece, David McAtee stepped out of the kitchen door to attempt to defend his restaurant, house, household, and clients. Instantly, the police shot and killed him. Lower than thirty seconds after David McAtee was cooking a sandwich, he lay dying on his kitchen ground,” the swimsuit says.
The LMPD, nevertheless, maintains pictures have been fired at officers and troopers “sooner or later” whereas they making an attempt to clear the world earlier than McAtee dying.
“Each LMPD and Nationwide Guard members returned hearth,” former police chief Steve Conrad stated throughout a press convention in June.
Thus far, the Kentucky Nationwide Guard, Gov. Andy Beshear’s workplace and the Louisville Metro Police Division have not launched the names of the person officers who shot at McAtee.
No person has been charged within the killing.
Officers Crews and Allen are individually named within the lawsuit as a result of they’re seen in surveillance video taking pictures pepper balls into the group the place McAtee was final seen alive, McAtee household lawyer Steven Romines tells CNN.
Following McAtee’s dying, Mayor Greg Fischer positioned the officers who had fired their weapons in McAtee’s taking pictures on administrative go away as a result of they “both did not have their physique cameras turned on or put on them, which is a violation of police coverage,” and fired the police chief, saying “an instantaneous change in management is required.”
“Our crime lab was not capable of match up the actual bullet fragments with a specific rifle. However we do know the caliber and sort of ammunition and we all know that night time these rounds have been solely fired by one company, and that was the Kentucky Nationwide Guard, responding to the fireplace that they’d obtained,” Michael Brown, secretary for the Governor’s Government Cupboard, stated throughout a information convention.
The Kentucky Nationwide Guard has not responded to CNN questions concerning the wrongful dying lawsuit. The LMPD wouldn’t touch upon the matter, citing an ongoing investigation.
Neither of the 2 named officers couldn’t be instantly reached for remark.
