No state charges for Kentucky National Guard, LMPD in shooting death of David McAtee Share Updated: 1:43 PM EDT May 28, 2021 WLKY Digital Team Share Updated: 1:43 PM EDT May 28, 2021 Hide Transcript Show Transcript WLKY NEWS@5 BEGINS WITH BREAKING NEWS. GOOD EVENING G. I’M JENNIFER BAYLESS AND I’M STEPHON DINGLE FIRST TONIGHT. WE START WITH LATE BREAKING NEWS THE JEFFERSON COUNTY COMMONWEALTH’S ATTORNEY WILL NOT BRING CHARGES AGAINST METRO POLICE OFFICERS OR NATIONAL GUARD MEMBERS IN THE DEATH OF DAVID MCATEE. THIS COMES JUST DAYS BEFORE THE ONE YEAR ANNIVERSARY OF MCATEE’S DEATH ON JUNE 1ST. THE COMMONWEALTH’S ATTORNEY CITES REPORTS FROM LMPD KSP. AND ATF. TOM WINES SAYS POLICE PREVIOUSLY. TOLD MCATEE ABOUT A CURFEW PUT IN PLACE BECAUSE A PROTEST DOWNTOWN. HE SAYS AROUND MIDNIGHT, LMPD COMMAND STAFF ORDERED OFFICERS AND SOLDIERS TO CLEAR A GATHERING AT 26TH AND BROADWAY, WHICH IS WHERE MCATEE’S RESTAURANT WAS NOW WINE SAYS THERE’S NO EVIDENCE THAT PEOPLE THERE WERE PROTESTING OR BEING DESTRUCTIVE, BUT SURELY AFTER ARRIVING IN LMPD OFFICER SHOT A PEPPER BOWL INTO THE STREET TO SCATTER THE CROWD THEN FIRED MORE TOWARDS MCATEE’S RESTAURANT AND THAT’S WHEN SURVEILLANCE VIDEO SHOWS SEVERAL PEOPLE RUN INSIDE FOR MCATE. STEPS OUTSIDE AND FIRES TWO SHOTS AN LMPD OFFICER THEN FIRED ONCE TWO NATIONAL GUARDSMEN SHOT MULTIPLE TIMES MCATEE WAS HIT ONCE IN THE CHEST AND DIED. THERE IS NO BODY CAMERA VIDEO OF THIS INCIDENT NOW THE COMMON ALSO ATTORNEY SAYS THAT THE INVESTIGATION WILL NOT BE GIVEN TO A GRAND JURY. HE DOES THOSE SAY A FEDERAL INVESTIGATION IS STILL ONGOING MCATEE’S FAMILY HAS SUED THE NATIONAL GUARD MEMBERS IN LMPD OFFICERS INVOLVED WHICH SAYS THEY ILLEGALLY WENT ON TO HIS PROPERTY AND FIRED PEPPER BALLS