David McAtee: National Guard fired deadly shot, not LMPD, state investigators say

FRANKFORT, Ky. (WAVE) - Kentucky Secretary of the Executive Cabinet J. Michael Brown on Tuesday provided a detailed update on the investigation into the deadly June 1 shooting of a popular restaurant owner in West Louisville.

David McAtee, 53, was shot once in the chest and died at his restaurant early that morning after LMPD and National Guard officers were called to the area to disperse a crowd, LMPD said.

Brown said judging by the bullet fragments found in McAtee during his autopsy, it was clear that the deadly shot came from a National Guard officer, not an LMPD officer, as had been previously believed.

“We have no doubt about that,” Brown said.

Near the end of Kentucky Gov. Andy Beshear’s daily press briefing in Frankfort, Brown showed several photographs of the shooting scene, as well as of bullet fragments recovered during McAtee’s autopsy.

Brown also said the state crime lab determined that McAtee’s handgun had been fired at least twice on the night of the shooting, adding that gunshot residue was found on his person. Brown said he thought McAtee fired at officers first.

“Based on the information I have at this time, it appears to me (that the officers) were returning fire,” Brown said. “(McAtee) was firing in their direction, and he did it at least twice, and they returned fire.”

Brown said officers fired at least 18 shots, maybe 19. He said the National Guardsmen fired nine or 10, and LMPD fired nine.

“I’m trying to account for one more shell casing," he said.

Below is Beshaer’s full briefing from Tuesday. Brown begins his update into the McAtee investigation at about the 28-minute mark.

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