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Officer Acquitted in Shooting

Discussion in 'The Lounge' started by behemoth, Sep 30, 2004.

  1. behemoth

    behemoth 1/2 ton status

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    McKenzie Mattingly found not guilty.

    Courier-Journal
     
  2. behemoth

    behemoth 1/2 ton status

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    I guess nobody actually read the story. In a nutshell - white cop shoots black drug dealer in back during undercover bust that goes wrong. We were prepared for another "Rodney King" reaction here. Luckily, it hasn't happened ... yet. Here's the story:

    Mattingly cleared in fatal shooting.
    Ex-officer found not guilty on four counts; jury can't reach verdict on wanton endangerment.


    A Jefferson County jury acquitted former police Detective McKenzie Mattingly last night of murder, manslaughter and reckless homicide in the fatal shooting of 19-year-old Michael Newby.

    But after eight hours of deliberation, the jury of three men and nine women, two of whom are black, couldn't decide whether to convict Mattingly of wanton endangerment for firing in the direction of several bystanders the night of the Jan. 3 shooting.

    Circuit Judge Judith McDonald-Burkman declared a hung jury on that count, which carries one to five years in jail, leaving prosecutors to decide whether to retry Mattingly on that charge.

    Several members of Newby's family cried in the courtroom after the verdict, and his mother, Angela Bouggess, refused to rise as the jury left the courtroom. She and her husband, Jerry, left the courtroom without comment.

    "She's in a lot of pain," Christopher 2X, a spokesman for the Bouggess family, said afterward. "She lost her little boy, but at the same time, the courts have spoken."
    Outside the courthouse, Jerry Bouggess said: "There are murderers out here."
    Mattingly sat silently as the judge read the jury's not-guilty verdicts on murder and the alternative counts of first- and second-degree manslaughter and reckless homicide.
    As Mattingly's family left the courtroom, each hugged him in turn. Deputies ushered them past surrounding media, and Mattingly, who was fired after the shooting, left the courtroom without comment.

    His attorney, Steve Schroering, wouldn't comment on the hung verdict but praised the jurors for their decision on the murder charge.
    "The jury obviously listened very closely to all the evidence in the case and came to the only reasonable conclusion," he said.

    Prosecutors, who had told the jury during closing arguments that they didn't think Mattingly was guilty of murder but pressed for the lesser charges, said afterward that they were disappointed but respected the jury's decision.

    "Justice was served," prosecutor Scott Davis said. "We don't have to be happy about it."
    Commonwealth's Attorney Dave Stengel said his office would discuss whether to move forward with the wanton-endangerment charge. If prosecutors did retry Mattingly on the remaining charge, Stengel said, they would "just about have to do the whole trial all over again."

    Police Chief Robert White said yesterday that he supports the jury's verdict but stands by his decision to fire the detective for violating police policy.

    Mattingly has appealed his firing to the police merit board, which could overturn the decision, White said. No date has been set for the board to hear the appeal.

    But White said the standard for a criminal conviction is tougher than in the administrative process that led to Mattingly's dismissal.
    "From my perspective ... nothing has occurred to change that decision," White said, referring to the firing.

    The jury began its deliberations at 11 a.m. after prosecutors told jurors not to overlook the other charges filed against Mattingly.
    In his closing arguments, Davis said the case was simple: Mattingly made several bad decisions before shooting the teen three times in the back. He never saw a gun on Newby or told other offices he thought the teen had a weapon.

    "Don't you think that would have been the first thing he told people?" Davis said.
    He said Mattingly's testimony Tuesday that Newby had turned to face the detective and was reaching for a gun could not be true.
    "He cannot shoot him in the back while Mr. Newby is facing him," Davis said.

    Schroering, Mattingly's attorney, told the jury that the case wasn't "even close" and reminded them that race wasn't an issue just because Mattingly is white and Newby is black.
    "Your all's job isn't to send a message to the community," he said, acknowledging the public discord over the shooting.

    Newby was the second man, and first African American, fatally shot by Louisville Metro Police since the city and county departments merged Jan. 3, 2003.

    Since 1998, 11 men have been fatally shot by police in Louisville, and seven have been black. Mattingly is the only officer criminally charged.
    Schroering told the jury that race was "the big pink elephant in the court that nobody mentioned" during the trial.

    But he said there is "not one piece of evidence in this case that proves McKenzie Mattingly was doing anything other than acting in self-defense."

    During his testimony, Mattingly said that he was in a struggle for his life and had no choice but to shoot the teen.

    "I felt like if I didn't stop him, he was going to kill me," Mattingly said. "The only way to stop him was to shoot."

    Mattingly said he was negotiating a deal outside a western Louisville liquor and food store to buy cocaine from Newby when the teen and three other men robbed him.
    Mattingly left his vehicle when he thought the men had fled, but Newby was still there, bending over to pick up a $20 bill. The two men struggled, and Mattingly said Newby grabbed the detective's gun, and managed to fire it toward the ground.

    Newby broke away, and Mattingly said the teen was reaching into his waistband and looking at the officer — facing him as he rounded a vehicle.

    Mattingly — who admitted he never saw a gun on Newby but believed the teen had one because he had lifted his shirt as if to indicate he was armed — raised his weapon and shot the teen three times in the back.

    "How long does he have to wait to shoot?" Schroering asked the jury during his closing. "Until the gun is pointed at him?"

    Police found a .45-caliber handgun tucked in Newby's waistband after he had been shot.
    Greg Hill, the owner of the liquor store, next to where Newby was shot, testified that he saw the teen running, his back towards Mattingly, when he was shot.

    Staff writers Laura Bauer, Greg Hall and Jessie Halladay and The Associated Press contributed to this story.
     
  3. Bubba Ray Boudreaux

    Bubba Ray Boudreaux 1 ton status

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    I caught blurbs of it. I remember when it first hit the news and certain segments of society wanted the guy hung before he was tried.
     
  4. 84_Chevy_K10

    84_Chevy_K10 Banned

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    [ QUOTE ]
    I caught blurbs of it. I remember when it first hit the news and certain segments of society wanted the guy hanged before he was tried.

    [/ QUOTE ]

    Sorry, fixed it for you.

    A human being cannot be, "Hung." A picture is, "Hung" on a wall. People are, "Hanged."
     
  5. behemoth

    behemoth 1/2 ton status

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    Race relations here are at an all time low. The black community totally distrusts the police as well as the white community. If you're nice and / or polite to some blacks, they return the courtesy with some rude look or comment.

    For example, some will wait until the traffic light is just about to turn green then intentionally walk out into the intersection, holding up traffic while they slowly walk across the street with several little children in tow, then give you a look like you're the one doing something wrong (stupid?) and you should yeild to them "just because ...". /forums/images/graemlins/screwy.gif I'm really surprised more have not been run over, especially when you're doing 35 mph and "timing" the lights. /forums/images/graemlins/dunno.gif

    Then when something like this happens - a drug dealer trying to rip-off an undercover cop get's himself shot while reaching for a gun - the whole black community wants to crucify the police - and blame the entire white community for their problems. It's getting old. /forums/images/graemlins/mad.gif
     
  6. SHAWNSTER

    SHAWNSTER 1/2 ton status

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    Police found a .45-caliber handgun tucked in Newby's waistband after he had been shot.
    shouldnt matter where the guy was shot
    that should havee been the end of this matter-
    thats my opinion
     
  7. Bubba Ray Boudreaux

    Bubba Ray Boudreaux 1 ton status

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    [ QUOTE ]
    [ QUOTE ]
    I caught blurbs of it. I remember when it first hit the news and certain segments of society wanted the guy hanged before he was tried.

    [/ QUOTE ]

    Sorry, fixed it for you.

    A human being cannot be, "Hung." A picture is, "Hung" on a wall. People are, "Hanged."

    [/ QUOTE ]

    Don't know, don't care. Written right after work and I have to save my best work for the fawking mountain of paperwork that I have to do there.
     
  8. Desert Rat

    Desert Rat Fetch the comfy chair

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    Besides, Bubba's sorta human and he thinks he's hung....
     

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