After a year, LMPD says investigation 'almost done' into officer who punched a protester

The footage was clear — a Louisville Metro Police officer caught on video repeatedly punching a protester in the face during a racial justice demonstration.

The videos captured the officer arresting protester Dee Garrett in Jefferson Square Park on April 19, 2021, during a Breonna Taylor march. As police tried to handcuff Garrett, the officer repeatedly punched him in the head.

Public officials — including Mayor Greg Fischer, LMPD Chief Erika Shields and two Metro Council members — condemned the officer's conduct. Garrett filed a lawsuit.

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Charges of resisting arrest and misdemeanor disorderly conduct against Garrett were dropped in July by Jefferson County Attorney Mike O'Connell.

Yet, nearly a year after the incident, the LMPD investigation of the officer's conduct continues. And he remains on active duty.

LMPD never named the officer, but confirmed his identity after Garrett's lawsuit and Metro Council members identified him as Officer Aaron Ambers, who has been with the department since 2018.

Now, LMPD officials say the results are nearly complete and will be released "very soon."

Exactly when that might be, no one is saying.

Metro Council President David James said he's asked Police Chief Erika Shields about the status of the investigation every opportunity he gets — usually when she speaks at the Metro Council's public safety committee meetings.

She says it's "almost done" every single time, he said.

"I'm amazed that a year later there has been no resolve," James told The Courier Journal. "To me, it's not that complicated."

David Mour, an attorney representing Garrett, said he also questions why the investigation is taking so long, given the cell phone videos, body camera footage and witnesses. He expressed frustration the incident isn't being investigated as a crime, but rather for policy violations.

“In my opinion, this was a criminal assault on an innocent civilian who was doing absolutely nothing wrong," Mour said.

Possible policy violations

James, a former LMPD officer, last year said that Amber's actions while arresting Garrett did not follow training or protocol.

Garrett's "bulky" frame and broad shoulders, James said, would likely have made it difficult for him to get his wrists close enough together to be handcuffed. James said he trained officers in similar situations to clip two pairs of handcuffs together to lengthen them.

James said officers also erred when one appeared to pull Garrett backward, while another pushed him forward, which James called “uncoordinated” tactics. He also said the nearby sergeant did nothing to calm the situation.

Keith Taylor, an adjunct professor at the John Jay College of Criminal Justice in New York City, said it's possible Garrett was resisting simply flexing his muscles.

"It's hard to tell, but I get the impression (Garrett) was not complying with the officer's orders to relax so he could be cuffed," Taylor said.

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Officers are discouraged from striking someone in the face because it's an injury-prone location, Taylor said. "Generally you want to hit in the chest, arms or legs where there's the least likely consequence of injury."

No administrative changes

The 490 Project, a local grassroots organization that has pushed for police transparency and accountability, said they are frustrated that Ambers was not put on administrative leave or reassignment during the investigation.

Video posted on social media and emailed to The Courier Journal found that Ambers was one of several sent to a protest at Central High School earlier this month.

"It's pretty mind-boggling that (Ambers) didn’t go on admin leave or suspension during the investigation," said Cara Tobe, an organizer of The 490 Project.

Last year, Metro Councilman Jecorey Arthur in an open letter called for Ambers to be fired and outlined several policy violations he believed occurred during the incident.

An LMPD spokeswoman said such questions about the circumstances surrounding the investigation — and why the officer was not put on administrative leave — will be answered when the report is released.

Taylor said typically if a department doesn't put an officer on reassignment or leave pending an investigation it means the department's leaders didn't feel the circumstances warranted it..

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“The general public looks at videos and makes spot determinations, but what departments do is get all the facts they possibly can that are relevant," Taylor said.

No statement from Garrett

Mour told The Courier Journal he's frustrated LMPD did not take Garrett's statement as part of the internal investigation.

However, Mour asked LMPD to deviate from its standard operating procedures by requesting a list of questions be provided before the interview.

An email thread dated Dec. 24 through Jan. 4 between Mour and LMPD Sgt. Cabe Crain indicates the parties couldn't come to an agreement about the circumstances of the interview.

Crain in the email said it's normal practice not to supply questions to a participant of a sworn interview.

"I realize this incident was captured on camera, but interviews with people on scene often provide additional information or details that are not easily recognizable on camera," Crain said in the email.

Kala Kachmar is an investigative reporter. Reach her at 502-582-4469; kkachmar@courierjournal.com or @NewsQuip on Twitter. Support strong local journalism by subscribing today: www.courier-journal.com/subscribe.

This article originally appeared on Louisville Courier Journal: Louisville Metro Police still investigating cop who punched protester