(CNN)No charges will be brought against law enforcement personnel who fatally shot a Black restaurant owner during protests in Louisville last year, the Kentucky Commonwealth attorney said Tuesday.
David McAtee, the owner of YaYa’s BBQ, died after being shot during a protest against police brutality on June 1, 2020.Commonwealth Attorney Thomas B. Wine said in a statement that the investigation into McAtee’s death will not be presented to a Jefferson County Grand Jury for further review or potential charges against any of the Louisville Metro Police Department officers or National Guard soldiers who fired their weapons.He concluded that the LMPD officers and the National Guard soldiers “were authorized to discharge their firearms in defense of human life, including their own, when they reasonably believed, based on the facts and circumstances, that Mr. McAtee posed an immediate threat of death or serious injury to them or to another person,” the statement said.LMPD released video footage shortly after the shooting that appeared to show McAtee firing at officers outside his business before he was fatally shot.Read MoreThe officers involved appeared to take cover before returning fire, the video showed.Video appears to show Louisville BBQ man fired gun before he was fatally shot, police sayWine also offered condolences to the McAtee family and said that he had informed them of the results of the review prior to the announcement.”By all accounts, David McAtee was well liked by the community, his patrons, and members of the Louisville Metro Police Department,” Wine said. CNN has reached out to McAtee family attorney Steven Romines for comment following the announcement.Kentucky Gov. Andy Beshear responded to the announcement by saying he believes the public should be able to see the full analysis of the timeline of events.”I believe that it is very thorough but presents a lot of information that the public can then analyze and ultimately come to their own conclusions,” Beshear said. “I think what it will show people is that a lot of time was spent to make sure that the facts could be uncovered. And I think those facts need to be presented to the people of Kentucky.”Family filed lawsuitAccording to a lawsuit filed by McAtee’s family in September, police and National Guard members swarmed protesters shortly after midnight in downtown Louisville and chased individuals who had been across the street but had fled to the area where McAtee’s restaurant was located.Law enforcement fired what appeared to be pepper balls at the people in front of the restaurant, “forcing the people to escape fire by entering the restaurant’s kitchen door,” according to court documents.The protesters were struck with pepper balls, including McAtee’s niece Maychelle, “multiple times,” the suit said.McAtee stepped outside of the kitchen door of his restaurant to see what was happening and “immediately, the police shot and killed him. Less than thirty seconds after David McAtee was cooking a sandwich, he lay dying on his kitchen floor,” the lawsuit said.The LMPD said at the time that shots were fired at officers and soldiers while they trying to clear the area before McAtee’s death.”Both LMPD and National Guard members returned fire,” former police chief Steve Conrad said during a press conference in June.Conrad was fired after officials discovered two of his officers involved in McAtee’s shooting had not activated their body cameras.