Investigation launched into LMPD, National Guard fatal shooting of West End business owner
LOUISVILLE, Ky. — A city reeling from four straight nights of violent protests woke Monday to learn that the owner of a beloved West End eatery had been shot by police and National Guards troops responding to gunfire.
David McAtee, known in the Russell neighborhood for his popular barbeque stand outside of Dino's Food Mart, was killed early Monday morning as Louisville Metro Police and National Guard were trying to break up a "large crowd" in the parking lot of the mart at West Broadway and 26th Street. He was 53.
Gov. Andy Beshear ordered Kentucky State Police to investigate the shooting, which will be a joint effort between the FBI Louisville Field Office and the U.S. Attorney's Office for the Western District, federal officials said.
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Hours after the governor publicly asked Louisville officials to release a "significant" amount of body camera footage from the incident "as soon as possible," the city announced there wasn't any.
Two LMPD officers involved in the shooting either had failed to activate or were not wearing body cameras during the incident, Mayor Greg Fischer told the public Monday night.
The mayor also said Monday he fired LMPD Chief Steven Conrad, who announced he would retire at the end of June amid mounting public pressure following the police killing of 26-year-old ER technician Breonna Taylor.
"This type of institutional failure will not be tolerated," Fischer said.
On Monday morning, Conrad told the public that at about 12:15 a.m., someone from the crowd in the Dino's parking lot area at 26th and Broadway shot at authorities.
When the police and guardsmen returned fire, they struck McAtee. No one else was injured.
'My son didn't hurt nobody':David McAtee, Louisville business owner, killed by authorities
Conrad said it wasn't clear that it was McAtee who fired at officers, but "several persons of interest" were being interviewed following the shooting.
Surveillance footage and police radio transmissions released by LMPD Monday evening offered no clear-cut answers.
However, "dozens" of officers were at the scene, according to the recordings. Several protesters and Russell residents there Monday afternoon questioned why so many officers and troops were present in the first place before the shooting.
The most significant protest Sunday night was roughly 20 blocks away downtown.
Officials haven't said whether the crowd was made up of protesters or customers, and some activists have questioned whether there was a protest there at all. They said they were trying to enforce the curfew and that the site had a history of violent incidents.
Acting LMPD Chief Rob Schroeder said the department will review the incident to determine whether any other policy violations occurred, and there "will be discipline" for failing to use cameras.
"That is completely unacceptable," Schroeder said. "And there is no excuse for their clear failure to (follow) our policy."
The two LMPD officers involved in the shooting are Katie Crews and Allen Austin, neither of whom have any disciplinary records, according to LMPD. Austin joined in 2016 and Crews in 2018.
The names of the National Guard troops have not been released.
McAtee's body was at the scene until at least Monday afternoon. A group of LMPD officers in face shields formed a line just behind the crime scene tape, facing neighbors and protesters who came out throughout the day.
By evening, there was still a crowd.
Several folks gathered across from Dino's said they knew McAtee or have eaten his barbeque. A group of about 100 people lined the sidewalk across the street from the LMPD line throughout the day.
Some said they'd been at other protests this weekend, but many said they just lived in the neighborhood.
Metro Councilwoman Barbara Sexton Smith said Kentucky State Police was at the scene Monday afternoon, and that their investigations typically take more time.
A State Police spokesman hadn't returned a request for comment from The Courier Journal.
On Monday afternoon, the Rev. Steve Frank, president of Louisville's Interdenominational Ministerial Coalition, could be seen speaking with McAtee's family across the street from where he was killed.
"(His) mother wants to see her son," Frank told The Courier Journal.
Carlos "Bossfam" Nolen, who often holds promotional events at a bar across from Dino's, said he knew McAtee well.
"This is a strong loss. A lot more would have happened on this corner if he wasn't here," Nolen said. "Time after time I've witnessed him stop the escalation of violence with food."
The shooting outside Dino's Food Mart came after a curfew had taken effect at 9 p.m. Sunday as protests and unrest over the death of Taylor continued.
Fischer extended the 9 p.m. through 6:30 a.m. curfew through June 8.
On Saturday, Beshear announced that he was sending roughly 350 Kentucky National Guard personnel to Louisville to "ensure the safety of everybody" and "help keep peace."
Although protests in downtown Louisville have started out peaceful each evening, the scenes have turned more chaotic after sunset.
Seven people were shot and wounded during Thursday night's protest. Looting, vandalism and damage to physical and private property exploded Friday night.
Sunday night had the fewest protesters overall, police said.
"And now our mission is to work fast, to be thorough and to get full results so that this family can have full accountability and the truth," Beshear said.
Darcy Costello contributed to this report.
Reach Billy Kobin at bkobin@courierjournal.com or 502-582-7030. Kala Kachmar is an investigative reporter. Reach her at 502-582-4469; kkachmar@courierjournal.com or @NewsQuip on Twitter. Support strong local journalism by subscribing today: www.courier-journal.com/subscribe.
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