LOUISVILLE, Ky. (WHAS11) -- A controversial Jefferson County constable was in court Monday, being officially charged with felony crimes.
Constable David Whitlock pleaded “not guilty" Monday to charges of assault and wanton endangerment after his indictment in January.
The charges stem from a November incident in which Whitlock shot a woman who he said he was trying to detain as a shoplifter.
In 160 pages of discovery released Monday, Constable Whitlock gives a number of reasons for why the shot was fired.
When David Whitlock usually goes to court it's to testify, and he's normally wearing a badge and a Jefferson County Constable's uniform.
But on Monday, Whitlock appeared not as an officer, but as an accused felon and was ordered by the judge to surrender his weapons and report to the jail to get booked.
“We would ask for that with anyone who shoots somebody and faces charges like that,” Assistant Commonwealth’s Attorney Tom Van De Rostyn said. “Again, we're treating him the same as we would any other similarly situated criminal defendant.”
The Commonwealth's Attorney’s Office released video taken from seven different Wal-Mart cameras on the day of the shooting.
The video shows store loss prevention employees trying to keep Tammie Ortiz from leaving after she allegedly shoplifted a shirt, underwear and makeup.
In discovery evidence released Monday, Wal-Mart employees admitted calling Whitlock, who was in the store, asking him for help.
The video shows him pull in front of her vehicle, exit his Ford Explorer and fire his weapon.
A transcript of an interview with the constable was included in discovery released Monday.
Officer: Is it possible she's in drive and going away when the gun goes off?
Whitlock: No
Officer: Is it possible she's in reverse and you're approaching her and the gun goes off?
Whitlock: No.
Officer: So it's when you are at her car?"
Whitlock: At her car.
Officer: And you think you're physically touching her when the gun goes off?
Whitlock: Probably, yeah.
Whitlock's attorney says the shooting was accidental.
“He didn't mean to discharge the weapon. That's what the discovery said and he's pretty clear about that,” Brian Butler, Whitlock’s attorney.
Whitlock also insisted Ortiz ran over his foot, although the nurse who examined him at the hospital maintained she saw no obvious sign of injury.
In addressing that, the officer said: “You walked around and walked around and didn't limp at any point.”
To which Whitlock replied, “My foot was hurting.”
Whitlock was released on a $10,000 unsecured bond.
A pretrial conference is scheduled for March 21st.
