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Saturday, October 2, 2004

Fired officer seeking old job


Hearing sought after acquittal

The Associated Press

LOUISVILLE - A former Louisville detective acquitted this week in the fatal shooting of a black drug suspect is requesting a hearing before the police merit board to ask for his job back.

McKenzie Mattingly was acquitted in the Jan. 3 shooting of 19-year-old Michael Newby, the seventh black man fatally shot by Louisville police in the past five years. Civil rights activists who called for calm after the verdict threatened massive demonstrations if Mattingly successfully appeals his firing by the police chief.

But Mattingly's attorney said the acquittal gives his client a good chance he will indeed get his job back.

"He is looking forward to coming back," said attorney Mark Miller, adding that Mattingly "will fight this battle as long as need be to get back his good name, get back his career and get him and his family back where they were."

Miller said he did not know when a hearing would be scheduled before the merit board, a panel of five citizens and two police officers that has the power to overturn firings.

Mattie Jones, a civil-rights activist, said any decision to reinstate Mattingly should spark protests that would "fill up the doggone jail."

But some officers and police union leaders say Mattingly should be a detective again.

The verdict is proof he did nothing "but defend himself," said Richard Dotson, president of the local Fraternal Order of Police. "The man has been found innocent, and certainly he would be entitled to his job back."

Mattingly was indicted in March on murder and wanton endangerment charges in Newby's death and was fired in April for violating police policy.

Police Chief Robert White said those violations included breaking laws and shooting Newby even though the teenager didn't pose an "immediate threat." He said Mattingly had options other than using deadly force.

A Jefferson County jury acquitted Mattingly on Wednesday of murder, reckless homicide and manslaughter in Newby's death. A mistrial was declared on a wanton endangerment charge because of a hung jury. Prosecutors haven't decided whether to retry Mattingly on that charge.

After the merit board hearing, either side can appeal its decision to circuit court.

A group of six black ministers representing the Interdenominational Ministerial Coalition held a news conference in front of police headquarters Friday afternoon, expressing their support for White's firing of Mattingly.

The Rev. Clay Calloway, president of the IMC, said they respected but were disappointed with the court's decision, and rehiring Mattingly "would be divisive and not in the best interest of the community."

Coalition members cited a tense demonstration in January, shortly after the shooting, during which the police chief's office windows were broken. Protests went on for weeks.

"They need to prayerfully consider and look at all sides of this and think of the community in which they live," the Rev. Frank Smith said of the merit board.

---

Information from: The Courier-Journal, www.courier-journal.com




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