The Associated Press
LOUISVILLE, Ky. (AP) - Prosecutors have dropped a wanton endangerment charge against a former Louisville police detective who fatally shot a drug suspect, ending the criminal case against the former undercover officer.
McKenzie Mattingly, 31, was charged with murder and wanton endangerment in March and fired by the police department in April. He shot Michael Newby, 19, three times in the back on Jan. 3 in western Louisville after an undercover drug deal went awry.
Mattingly was acquitted of the murder charge after an eight-day trial last week. But Judge Judith McDonald-Burkman declared a mistrial on the wanton endangerment charge when the jury said it could not reach a decision.
Prosecutors dropped the wanton endangerment charge on Monday. Mattingly had faced that charge for firing his weapon near a carload of people at a liquor store drive-thru the night of the shooting. But prosecutors could not find those witnesses to testify at the trial.
Scott Davis, the lead prosecutor in the case against Mattingly, said Monday the wanton endangerment charge was dropped due to “the way the evidence came in, what the jury thought of that evidence, as well as the remaining victims (were) uncooperative, and were avoiding service.”
“We went at this case with everything we had,” Davis said.
Mattingly was cleared of murder, manslaughter and reckless homicide charges after the jury deliberated for eight hours on Wednesday.
The high-profile case was the seventh fatal shooting of a black man by Louisville police since 1998, and it was heavily covered by the media. Prosecutors called several police detectives, experts and other witnesses to the shooting.
Mattingly testified that he felt his life was in danger during and after a struggle with Newby. Mattingly was working undercover when he encountered Newby and two other men that night. He attempted to make a drug buy with Newby, but Mattingly was robbed during the transaction, Mattingly testified. He got out of his vehicle, struggled with Newby, and his gun fired. As Newby moved away, Mattingly said he felt threatened and fired at him.
Newby was carrying a .45-caliber handgun and bags of cocaine and marijuana, police later determined.