KSP probe complete, still point to McAtee shooting first: State

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Law enforcement guards near the scene following a shooting, Tuesday, Dec. 10, 2019, in Jersey City, N.J. AP Photo/Eduardo Munoz Alvarez)

FRANKFORT, Ky. (WTVQ) – The Kentucky State Police investigation into the June 1 shooting death of David McAtee during a protest in Louisville is “substantially complete” and doesn’t show anything different from what previously has been released, the state said Monday.

“There is nothing to suggest anything different” from what previously has been released,” said Michael Brown, the secretary of the executive cabinet who has overseen the investigation by the KSP Critical Incident Review Team.

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Brown provided the update during Gov. Andy Beshear’s coronavirus briefing Monday.

“None of the facts appear to have changed,” Beshear said when asked by the media about the report.

Brown said the investigation is being turned over to Jefferson County Commonwealth Attorney and the FBI. The U.S. Attorney has asked that nothing else be released until the federal investigation is complete, Brown said, noting the inquiry included more than 170 interviews, lab reports, and extensive analysis.

McAtee was shot by one of two National Guardsmen who fired in response to McAtee shooting. The Guardsmen were in Louisville backing up Louisville Police during a time of extensive, sometimes violent protests in the wake of the death of George Floyd and Breonna Taylor.

The shooting occurred early on the morning of June 1 at the 53-year-old McAtee’s barbecue restaurant.

The Guardsmen fired their M-4 rifles in response to two shots first fired by McAtee, according to forensic analysis of bullets, shell casings and weapons recovered as part of the investigation, Brown said previously.

The Guardsmen and Louisville Police officers responded to 26th and Broadway to help break up a crowd on a night of protests in Louisville. Investigators say McAtee fired two shots from a 9 mm handgun. Police and Guardsmen retreated and returned fire, Brown said.

Two shell casings recovered at his restaurant matched his gun and he he gunpowder residue on his hands, Brown has said previously.