By Jason Riley, The Louisville, Ky. Courier-Journal
At the urging of civil-rights activists, Louisville Metro Mayor Jerry Abramson again endorsed Metro Police Chief Robert White’s decision to fire former detective McKenzie Mattingly after a fatal shooting.
“I support the chief’s findings and the (internal) investigation that took place,” Abramson said yesterday after meeting with about two dozen activists and the family of the dead man, Michael Newby. “I have said it every time I have been asked.”
The mayor said the Jefferson County attorney’s office will represent the city and strongly argue that the police merit board reject Mattingly’s request to be reinstated as a detective.
White fired Mattingly in April after the chief said an internal investigation had found the officer did not face an “immediate threat” and had other options besides shooting Newby.
The merit board is expected to consider hearing dates today, said attorney Mark Miller, who has represented Mattingly in administrative proceedings since the former detective fatally shot Newby, 19, during an undercover drug deal Jan.3.
“We believe there is abundant evidence to submit to the merit board that his termination was unjustified and unsupported by all of the evidence,” Miller said.
“He (Mattingly) wants his good name back. He wants his badge back. He wants the ability to financially support himself and his family back.”
Activists requested a private meeting with the mayor yesterday to ask him to issue a public statement supporting White’s decision, despite a criminal trial last month in which Mattingly was acquitted of murder. Prosecutors dropped a charge of wanton endangerment after jurors could not reach a verdict on that count.
After yesterday’s meeting, Abramson told reporters that there is a difference between the burden of proof in a criminal trial and the evidence needed to prove that an officer violated the department’s use-of-force policy.
“We are going to give you a hand, at least on this issue,” said the Rev. Louis Coleman, head of the Justice Resource Center, as he grasped Abramson’s hand.
Newby’s mother and stepfather, Angela and Jerry Bouggess, told reporters that Abramson’s words were reassuring.
“I was just glad to hear him say what he said,” Angela Bouggess said.
Mattingly and Newby were struggling over Mattingly’s service handgun when the weapon discharged.
Newby broke away and Mattingly fired four times, hitting Newby three times in the back, fatally wounding him.
A .45-caliber gun was found in Newby’s waistband.
The merit board, a panel of five residents and two police officers, can overturn White’s decision to fire Mattingly.
Given that both Miller and the county attorney’s office will have to present much of the same evidence and some of the same witnesses used in Mattingly’s criminal trial, Miller believes the merit board will need at least four or five days of hearings.
Bill Patteson, a spokesman for the county attorney’s office, said the level of proof at these hearings will not have to be beyond a reasonable doubt, as in a criminal trial.
Miller said that while Mattingly has the right to ask that the hearings be closed to the public, he will not do so.
Jerry Bouggess said the family plans to attend.
“We will be there, not to disrupt, but to stand, listen and watch the process.”