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Mayor And LMPD Say Video Shows David McAtee Fired First

David McAtee
Walt and Shae Smith
David McAtee

City officials on Tuesday afternoon released surveillance video footage they said appeared to show that David McAtee, the man shot and killed by law enforcement early Monday, fired a gun before he was shot.

Mayor Greg Fischer said he showed the video to McAtee's family before releasing the video to the public during a press conference.

One video was from inside McAtee's store, Yaya's BBQ, and showed McAtee and several other people walk in and out of the building as police officers and National Guard arrived on the scene. McAtee appeared early in the video to be carrying a spatula or tongs as he prepared food.

After several people come in at once, the video shows McAtee, 53, lean out the door. When he came back in, he collapsed on the ground. A woman next to him points to an object on the ground.

"Mr. McAtee appears to fire at the officers and the officers take cover and return fire," said Maj. Paul Humphrey.

Neither video has any sound. But without the audio, Humphey said, they don't have all the information yet.

"It appears right now from the footage" that he fired first, Humphrey said. When asked if there was a gun found on McAtee, Humphrey said that will come out as the investigation continues.

Humphrey said he doesn't yet know why the officers approached McAtee's restaurant. The officers who fired their weapons have not been interviewed yet; Humphrey says that's typical because they usually have legal counsel present.

He said there's no information yet about who McAtee was allegedly firing at.

An LMPD spokesperson declined to provide timestamp information about at which point in the videos the shots were fired.

A second video angle shows the officers approaching his building before the shooting and firing pepper balls.

Police who responded to the Dino's Food Mart at 12:15 a.m. Monday did not activate their body cameras and there is no footage from the perspective of the officers.

McAtee, owner and operator of Yaya's BBQ in west Louisville, was shot early Monday at the intersection of 26th and Broadway in the Russell neighborhood in the wake of days of protests over the death of Breonna Taylor by LMPD.

Fischer fired Police Chief Steve Conrad on Monday, and both Fischer and Gov. Andy Beshear said the lack of body camera footage was unacceptable.

Assistant Chief Robert Schroeder is now in command of Louisville Metro Police.

The city's 9 p.m. to 6:30 a.m. curfew has been extended until June 8.

This story has been updated, and will continue to be updated as more information is available.

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