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Federal grand jury indicts Louisville officer in connection with shooting outside David McAtee's restaurant

The indictment states that Katie Crews allegedly fired a pepper ball at someone who was "standing on private property and not posing a threat."

LOUISVILLE, Ky. — A federal grand jury has indicted a Louisville Metro Police (LMPD) officer for allegedly firing a pepper ball at a person on the night David McAtee was shot and killed in June 2020.

According to the indictment, LMPD officer Katie Crews fired a pepper ball at a person who was "standing on private property and not posing a threat," causing that person "bodily injury." Crews has been charged with the Deprivation of Rights Under Color of Law, a federal civil rights violation. 

If convicted, she could face 10 years in prison and a $250,000 fine. This is the first criminal charge filed in connection with the shooting.

A spokesperson for LMPD said Crews was terminated from the department on Feb. 7, 2022. The spokesperson said the department is not planning to make any further comments at this time.

Attorney Steve Romines, who represented the McAtee family in May 2021, said he agrees with the grand jury's decision. He released this statement following the release of the indictment:

"We agree with the Grand Jury’s decision today that criminal activity by LMPD in the unwarranted shooting at innocent bystanders outside of YaYa’s BBQ is what directly lead to the death of David McAtee. These charges evidence LMPD's complete disregard for its own policies and the safety of citizens of Louisville. The city's denials of responsibility are just proof that despite claims of accountability and transparency, nothing has changed."

The attorney representing Katie Crews said he had no comment on the indictment. 

Background

The shooting that killed David McAtee occurred at the intersection of Broadway and 26th Street on June 1, 2020, involving a large group of people, Louisville Metro Police and the National Guard. 

The incident resulted in the death of David McAtee.

According to prior investigations conducted by LMPD's Public Integrity Unity and Kentucky State Police's Critical Incident Response Team, LMPD command staff directed officers and National Guard soldiers to the intersection to clear a crowd from the Dino's Food Mart parking lot around midnight on May 30, 2020.

RELATED: Dino's sues members of Metro Council, accusing them of defamation, slander

The orders were given due to an ongoing curfew in Louisville following protests for justice in the death of Breonna Taylor.

The investigation found that Officer Katie Crews fired one pepper ball into the street outside Dino's and several more towards YaYa's, a BBQ business owned by McAtee, in an effort to disperse the crowd.

Commonwealth's Attorney Thomas Wine said surveillance video showed McAtee fire one shot outside the side door of his business. He then went back inside before reemerging and firing a second shot. Two shell casings found outside his door were determined to be from the gun he fired.

Two LMPD officers, including Crews, and two National Guard soldiers were identified as firing shots back at McAtee. One of those bullets hit McAtee in the chest, resulting in his death.

Following the investigation into the shooting, Wine said the officers and soldiers were following standard operating procedures that night.

In May 2021, he said his office would not present a case to the Jefferson County Grand Jury for potential charges against any LMPD officers or National Guard soldiers who fired their weapons.

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