No state charges will be brought to grand jury in David McAtee's death, per Commonwealth's Attorney Tom Wine said LMPD officers and National Guard soldiers who fired their weapon were following standard operating procedure the night of McAtee's death. Author: Taylor Weiter Updated: 11:52 PM EDT May 25, 2021 LOUISVILLE, Ky. — Nearly one year after David McAtee's death, Commonwealth's Attorney Tom Wine said his office will not present a case to the Jefferson County Grand Jury for potential charges against any LMPD officers or National Guard soldiers who fired their weapons. Wine said an investigation into McAtee's death found that the YaYa's BBQ owner was shot in the chest one time, killing him before paramedics could arrive early June 1.