Response To Newby Shooting

POLICE MUST RECORD ACTIONS

Chief Unveils Policy For Undercover Officers

Metro Councilwoman Mary Woolridge said she was concerned about the police
response to protesters on Sunday outside police headquarters, when officers
appeared in full riot gear.

Louisville Metro Police officers will be required to use active recording
devices when they are undercover, Chief Robert White told members of the
Metro Council yesterday.

The change in policy comes after the Jan.3 fatal shooting of 19-year-old
Michael Newby by Officer McKenzie Mattingly during what White has described
as an attempted undercover drug buy gone bad.

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

Police said a .45-caliber gun was found in Newby's waistband, and he also
had drugs on him.

Police also have said that Mattingly was wearing a wire at the time of the
incident but that no one was monitoring the signal and it was not recorded.

White said yesterday that neither the former city nor county police
departments had a policy requiring recording devices for undercover
officers. Instead, it was a decision independently made by district captains.

"We will require officers to wear wires and have a recording device," White
told council members.

Tina Ward-Pugh, D-9th, asked White whether the department could pay for
such equipment.

"It's not going to be a funding issue because it's a priority," White said.

The meeting was intended to answer council members' questions about the
shooting and White's response. Seventeen of the 26 council members attended.

Cheri Bryant Hamilton, D-5th, said afterward that she was concerned that
White could not make assurances that another questionable police shooting
would not occur and was disappointed that White did not have more answers.

But she acknowledged that she must see what the investigation turns up,
although she said she could not imagine that shooting Newby in the back
could be deemed justified.

"There is no excuse for that," said Hamilton, who represents the district
where Newby lived.

During the meeting, White repeated what he has said publicly in recent days
about the shooting and a timeline for the investigation. He said he hopes
to finish the criminal investigation into the shooting by February, turning
it over to the commonwealth's attorney.

Once that office finishes its investigation and decides whether to present
the case to a grand jury, White said, there will be an administrative
inquiry into the shooting that should last about 45 days.

White said the criminal probe has been slowed by Mattingly's refusal to
talk with investigators.

But even though Mattingly has invoked his Fifth Amendment right against
self-incrimination in the criminal probe, White said he can require
Mattingly to talk as part of the administrative inquiry.

White said Mattingly will have to speak then "because the penalty will be
too severe not to." He added, "If he's going to be a member of the police
department, he's going to cooperate."

George Unseld, D-6th, questioned why Mattingly is being paid while on
administrative leave. White said the police contract requires an officer be
paid in such a situation unless he is fired.

Mary Woolridge, D-3rd, said she was concerned about the police response to
protesters outside police headquarters on Sunday, when officers wore full
riot gear.

"Was that really necessary?" she asked, noting that some constituents told
her they felt intimidated by the police presence.

White said the show of force was a necessary response after a demonstration
earlier in the week resulted in vandalism and arrests. "In light of what
happened at Thursday's event ... yes, I think it was necessary," he said.

Also yesterday, the Rev. Louis Coleman, director of the Justice Resource
Center, announced that he has written to Gov. Ernie Fletcher requesting a
special prosecutor for the case.

"The community at large would appreciate a special prosecutor assigned by
your office since the history of this city's Commonwealth Attorney on that
is certainly not about the citizen's welfare," Coleman wrote.

Since 1998, Louisville police have shot and killed 11 men, and seven of
them were African American. No officers were charged.

Coleman added that his group has spoken to White about a need for more
diversity among officers in the neighborhood where Newby was killed.

"We need officers in there that have a rapport with the community," Coleman
said. "I have been told repeatedly by residents in that neighborhood that
they are being treated unfairly. No one wants the police to stop doing
their job; people just want to be treated fairly."