LOUISVILLE, Ky. (WDRB) – An attorney for David McAtee’s family called on authorities Monday to release all evidence from the early-morning shooting on June 1, when Louisville Metro Police and Kentucky National Guard members fired shots that killed McAtee at his YaYa's BBQ business.
“We're not talking about whatever they want to release and final reports and those type things,” Steve Romines told reporters at McAtee’s building at 26th Street and Broadway. “We mean everything. Every video, every document, every interview.”
Among 19 specific requests, the list includes access to officers' and guard troops' mobile phones; autopsy and coroner's reports; ballistics evidence; and witness statements.
Romines also pushed back on the police narrative of the events that led to McAtee’s death shortly after officers and the National Guard arrived at Dino’s Food Mart across the street to disperse a crowd in violation of the then-citywide curfew.
Police released surveillance video of the shooting last week that it said shows that McAtee fired a gun before officers returned fire. But Romines said Monday that at the very least, McAtee did not know police were outside – and that they fired pepper balls toward his business first.
Romines said McAtee’s niece was struck several times by the pepper balls; he provided photos of welts on her body that he said were from the projectiles.
McAtee’s niece is seen reacting in video footage released by police.
Romines said Friday that a New York Times video analysis supports his legal team’s assertion that police fired first in the clash that killed the barbecue chef early Monday.
The Times used publicly available footage of the events at 26th Street and Broadway, synchronizing a bystander’s Facebook Live video with other surveillance footage and police scanner audio. It argues that the claim that Louisville police and the Kentucky National Guard were responding to gunfire when McAtee was shot “doesn’t tell the whole story.”
The news outlet concluded that officers on the scene shot pepper balls, first toward a curb, then at the doorway of McAtee’s restaurant before McAtee, who was inside as people began heading inside the building, stepped outside and apparently fired a handgun. It’s not known what or who he was firing at.
McAtee then was inside the building for several seconds before he reappeared in the doorway and was hit after appearing to raise his arm, the video shows.
“This video is similar to what our preliminary investigation shows,” Romines posted on Twitter Friday. “Police fired first into his home with no warning. LMPD’s effort to smear David by releasing selected clips and alleging he was the initial aggressor only makes their actions more egregious[.]”
Asked last Tuesday to describe the sequence of events in the videos made public by police, LMPD Maj. Paul Humphrey said “it appears right now from the footage” that McAtee fired first.
The Times also drew attention to remarks made by Louisville police Lt. Col. LaVita Chavous, who said department policy calls for pepper balls to be fired at the ground.
The department’s use-of-force policies also authorize chemical agents, like pepper balls, “in circumstances when the officer reasonably believes that a degree of force is necessary to overcome actual, or anticipated, resistance by the suspect.”
Surveillance video from an adjoining business appears to show officers firing pepper balls toward McAtee’s business, with a burst striking a bottle on a table outside the door and another hitting the door.
“Based on what we’ve seen the police fired first and violated multiple policies,” Romines said Friday.
He said his team’s investigation is underway and, for now, is relying on the video that has been released. He declined to provide other details and said it would be complete when all the evidence is gathered.
The police department’s public integrity unit is investigating the shooting. Kentucky Gov. Andy Beshear also has directed Kentucky State Police to conduct an independent review.
Romines said McAtee’s family plans to file a lawsuit over the shooting. McAtee’s mother, Odessa Riley, appeared Monday with Romines and co-counsel Ted Shouse, and said her son did not fire first.
“The only thing I want for my son is peace and justice,” Riley said. “And I'm going to make sure he gets there.”
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- Police say video shows David McAtee firing shots before being hit in west Louisville shooting
- Mother of David McAtee doubts new security footage after police say he fired a gun before law enforcement killed him
- Brother of David McAtee has questions about surveillance video released by LMPD
- Gov. Beshear says Kentuckians should examine McAtee video 'frame-by-frame' and draw own conclusions
- Fischer seeks top-to-bottom review of Louisville police department
- Louisville police chief fired after no body camera footage of shooting
Copyright 2020 WDRB Media. All Rights Reserved.
