West End barbecue stand owner David McAtee's family settles wrongful death lawsuit

Lucas Aulbach, Louisville Courier Journal
·2 min read
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More than two and a half years after Louisville barbecue stand owner David McAtee was killed by law enforcement officers during the first nights of the 2020 protests, a wrongful death lawsuit filed by his family has been settled.

Steve Romines, an attorney for McAtee's family, told The Courier Journal on Monday that the case had been settled for $725,000. The two sides came to an agreement last week, he said.

"The family wanted the case over," the attorney said. "… They had no desire to litigate the case for another several years."

The lawsuit was initially filed against Louisville Metro Police, the Kentucky National Guard and two LMPD officers in September 2020 on behalf of Odessa Riley, McAtee's mother, and Machelle McAtee, his niece. The plaintiffs said overuse of force and mistakes made by officers and National Guard members on the scene the night of the shooting violated several department policies and ultimately led to McAtee's death.

Background:Minute by minute: What happened the night David McAtee was killed

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In an email Friday morning, LMPD said it had no comment on the settlement. And in a separate email, Jefferson County Attorney's Office spokesperson Josh Abner confirmed the settlement total and said all parties involved "agreed that this resolution was in their best interests.”

McAtee was killed in the early morning hours of June 1, 2020, after protests over the police killing of Breonna Taylor had taken place throughout the day around Louisville. LMPD officers and the National Guard, which had been dispatched in the city that day on orders from Gov. Andy Beshear, were sent to the site to break up a small crowd that had gathered after curfew at Dino's Food Mart, a business at Broadway and 26th Street where McAtee operated a small barbecue stand.

West End business owner David McAtee was killed on June 1.
West End business owner David McAtee was killed on June 1.

Katie Crews, an LMPD officer at the time, fired several pepper balls at a group of people in the crowd, including Machelle McAtee, who was hit. David McAtee fired back with a 9 mm handgun and was subsequently shot and killed, with two LMPD officers and two National Guard members firing at him.

Then-LMPD Chief Steve Conrad was fired following the shooting after it was determined none of the officers were wearing body cameras at the time.

Crews was later charged with unreasonable force for her role in the shooting and was fired in February 2022 after being placed on administrative leave immediately after the shooting. She was sentenced to two years of probation, 200 hours of community service and a $5,000 fine on Monday by U.S. District Judge Benjamin Beaton and has also agreed to surrender her law enforcement certifications.

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Reach Lucas Aulbach at laulbach@courier-journal.com.

This article originally appeared on Louisville Courier Journal: David McAtee's family settles wrongful death lawsuit with Louisville