A Louisville barbecue chef was fatally shot by a National Guard member after the cook fired his gun as law enforcement approached on a night of protests, a state official says.
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David McAtee was killed on May 31 while he was cooking at his eatery as demonstrations were going on downtown.
Louisville Metro Police and National Guard soldiers were in the area responding to a report of a crowd gathering when the shooting occurred.
J. Michael Brown, secretary of the state's executive Cabinet, said on Tuesday Kentucky State Police investigators examined shrapnel from McAtee's body and matched it to rifles carried by National Guard members.
"So it's clear, the fatal shot came from the National Guard," Brown said. "We have no doubt about that."
Officers were seen on a video distributed by Louisville Metro Police shooting pepper balls into the area where McAtee was cooking outdoors. But Brown said he believes McAtee fired the first live round.
"I believe Mr. McAtee fired the first shot, paused, and then fired another shot," Brown said. McAtee was hit once in the chest and died at the scene.
National Guard members "were returning fire, which is part of the engagement and what any law enforcement would do in that case," Brown said.
Brown said investigators recovered two shell casings from McAtee's handgun, and found gunshot residue on his body.
Brown said two guard members were in the vicinity where shell casings were found, but the shrapnel recovered from McAtee's body was too twisted to match it to a specific rifle.
Investigators also recovered shell casings from shots fired by Louisville police and the findings excluded those officers from firing the fatal shot, Brown said.
The evidence shows officials are "committed to getting that truth out - good, bad or ugly," Kentucky Governor Andy Beshear said.
The National Guard was in the city to help enforce a curfew amid protests spurred by the deaths of George Floyd in Minnesota and Louisville native Breonna Taylor. Taylor was shot by Louisville detectives serving a warrant in her home in March.
The video released by Louisville Police appears to show McAtee firing a gun from the door of his restaurant as officers shot projectiles.
A lawyer for McAtee's family, Steve Romines said Louisville officials and police should apologise for violating use of force policies the night of the shooting. He said McAtee's niece was hit multiple times with pepper balls as she stood at the door of his business.
Louisville Mayor Greg Fischer fired the city's police chief after the shooting because Louisville officers did not have body cameras running during the incident.
Australian Associated Press
