WHITE FIRES DETECTIVE

Chief says fatal shooting was avoidable

A Louisville police detective facing a murder charge in the shooting of
Michael Newby was fired yesterday.

"I've determined Newby's action didn't threaten his life or anyone else's
life," Chief Robert White said yesterday.

The detective, McKenzie Mattingly, could not be reached for comment.

There have been almost a dozen fatal shootings involving police since 1998,
but the detective's firing is the first of a Louisville law enforcement
officer in connection with any of those cases.

In a strongly worded letter advising Mattingly of his dismissal, White
wrote: "Your conduct clearly brought discredit upon our department and you
as a member. Your conduct is alarming and has damaged the bond which we have
established with our community."

At a news conference yesterday, White said that after reviewing the
administrative investigation of the Jan. 3 shooting, he didn't believe that
Newby, 19, presented an "immediate threat."

White also said Mattingly had options beyond shooting Newby, who was
involved in a drug sale to the undercover detective, according to
authorities.

Mattingly "could have taken cover," White said, or simply let Newby go.

Newby's mother, Angela Bouggess, said in an interview that she is glad the
chief decided to fire Mattingly, who had been on paid administrative leave
since the shooting.

"I'm really happy that man lost his job for one reason and one reason only,"
Bouggess said. "He was wrong shooting a person in his back, my baby."

WHITE'S DECISION comes as Mattingly's attorney, Steve Schroering, is seeking
a change of venue to move the criminal case out of Jefferson County because
of news coverage. His client also is charged with wanton endangerment.

Schroering called White's announcement "pitiful." But "in light of the
political environment, it was predictable," he said.

Fraternal Order of Police Attorney Mark Miller, who has helped represent
Mattingly in the administrative review, said that the detective didn't
violate any department policy. Miller said he and co-counsel Mary Sharp plan
to appeal to the Merit Board within 10 days for Mattingly's eventual
reinstatement as a detective.

"He did what he was trained to do, to a T," Miller said. The use of deadly
force "was the only option Mr. Newby gave Officer Mattingly. He chose it
based on training and experience."

White also said at the news conference that he had appointed Narcotics Capt.
John Reed to work with new director of training and recruitment Bob Stewart
to review the entire incident. The two will look at training and other
issues to see if anything can be improved in the flex platoons, the type of
unit to which Mattingly was assigned.

As to whether any other officer or supervisor might face discipline for
actions on the night of the shooting, White said he would look at what Reed
and Stewart find and make a determination.

NEWBY WAS the second man, and first African American, fatally shot by
Louisville Metro Police since the city and county departments merged in
January 2003. Since 1998, 11 men have been fatally shot by police in
Louisville, and seven were black. Mattingly is the only officer to be
criminally charged.

White has said that Mattingly and Newby were struggling over Mattingly's
handgun when the weapon discharged. Newby ran, and Mattingly fired his gun
four times, striking Newby three times in the back and killing him.

Mattingly and four eyewitnesses, including Mattingly's partner, told
investigators that Newby was moving away when the detective fired.

But Mattingly said in a statement that he was "scared to death" when he shot
Newby and that although he never saw a gun, he believed that the teen was
"trying to go for a weapon."

Mattingly told Commonwealth's Attorney Dave Stengel that he thought Newby
was armed because he kept lifting his shirt. "There's no doubt in my mind
that he was tryin' to get a gun out," Mattingly said, according to court
records. Police said a .45-caliber gun was found in Newby's waistband after
he was shot.

According to department policy , an officer may use deadly force "in defense
of human life, including the officer's life, or in defense of any person in
immediate danger. ..."

THE POLICY also states that an officer "must be able to justifiably
articulate his or her actions." In a letter addressed to Mattingly and dated
yesterday, White wrote: "I further find that you failed to appropriately
articulate any fact to indicate that Mr. Newby would clearly endanger human
life unless apprehended without delay."

In his letter, White told Mattingly that his violation of department
policies "demands your termination." That termination is effective
immediately.

White received the administrative review of the Mattingly case on April 6
and said he analyzed it and asked more questions. He said he wanted to be
thorough, but also wanted to make a decision in a timely fashion to ease
concerns in the community.

"I wanted to give this due diligence to make sure all the T's were crossed
and I's dotted," he said. "We made a commitment in the beginning that we
would be open and expedient. We have a responsibility as good stewards to
take those actions."

Metro Mayor Jerry Abramson said in an interview yesterday that he supported
White's decision and doesn't plan to review the administrative report.

"I think this chief and our administration have taken the right action each
and every time through each step of the process," Abramson said.

White first notified Mattingly that he would be fired in a brief letter
delivered Tuesday. An officer has the opportunity to meet with the chief and
fight the decision.

ON ADVICE from his attorneys, Mattingly declined.

"Based on the tenor of the notice and the strong nature of the allegations,
we decided it was best not to take that opportunity," Miller said.

He said Mattingly wants to return to police work after what they believe
will be an acquittal on both the murder and wanton endangerment charges.
"It's been his lifelong dream to be a police officer and that's what he
wants to do," Miller said.

He also said the firing will be appealed to the Merit Board quickly, but any
action will be delayed until the criminal case is decided. The board will
only act if Mattingly is acquitted of all felony charges.