OFFICER FIRED AFTER KILLING BLACK MAN

Louisville Chief Says There Was No Immediate Threat

LOUISVILLE-- A Louisville police officer who fatally shot a black man in the
back was fired yesterday after the department ruled he violated policy on
using deadly force.

"Your conduct is alarming and has damaged the bond which we have established
with our community," Chief Robert White wrote in a termination letter to
McKenzie Mattingly.

Mattingly has pleaded not guilty to murder in the Jan. 3 death of Mich-ael
Newby, 19, who was shot three times in the back. Mattingly is free on bond
and has been on paid administrative leave since the shooting.

"Specifically, I felt that Michael Newby was not an immediate threat to the
officer's life or his physical well-being," White said at a news conference.
"Nor was any other person in the area clearly in immediate danger because of
Newby's actions."

Mattingly, 31, was indicted March 5 on charges of murder and wanton
endangerment. Civil rights activists and many black residents held protests
and called on White to fire Mattingly, who is white.

Newby was the seventh black man to be fatally shot by Louisville police in
the past five years. In the previous shootings, no officers were charged
criminally or fired.

"I have no reason to believe that race was a factor in this shooting," said
White, who is black.

Activists who have long been critical of Louisville police said Mattingly's
firing was a positive step.

"It's justice," said the Rev. Louis Coleman, a protest organizer. "It's just
due."

But other activists who have joined in the protests weren't yet satisfied.

"The wall will fall for me when Mattingly has been convicted of murder,"
said Mattie Jones. "I will rejoice completely when I know he's on his way to
some detention center."

Mattingly's attorney in the criminal case, Steve Schroering, said White's
decision was political.

"In light of the true facts of the case, the decision is pitiful. But in
light of the political environment, it was predictable," Schroering said.

Police said the shooting occurred during an attempted under-cover drug buy.
Mattingly told investigators he was robbed during the drug transaction. He
tried to arrest Newby but the two became involved in a struggle, according
to court records filed by prosecutors after Mattingly was indicted.

Mattingly told investigators that he thought Newby was carrying a concealed
weapon as the two struggled over the officer's service handgun. Mattingly
said he thought Newby was going to kill him.

Supporters of Mattingly have created an Internet site and raised money on
his behalf.

"We knew that this would probably happen," said Lukas Dwelly, who runs the
support site. Dwelly said he thinks the police chief buckled under pressure
from activists.

"I think there are very solid indications that (Mattingly) feared for his
life," Dwelly said. He added that friends have raised $17,000 for a defense
fund.

Mattingly's attorneys have asked a judge to move the criminal case out of
town.

"He's not going to get a fair trial in this city," Dwelly said.

A spokesman for the the Fraternal Order of Police called Mattingly's firing
premature.

White "should have held off until the criminal proceedings are done," said
Jon Pugh, an FOP vice president. "The members of the FOP stand behind
McKenzie, and we feel that once a fair and impartial jury hears the case, he
will be acquitted."

Newby's mother, Angela Bouggess, filed a federal lawsuit last month claiming
that her son's civil rights were violated. Bouggess is seeking $5 million in
compensatory and punitive damages. She could not be reached for comment.