Pubdate: Wed, 29 Sep 2004 Source: Courier-Journal, The (KY) Copyright: 2004 The Courier-Journal Contact: http://www.courier-journal.com/ Details: http://www.mapinc.org/media/97 Author: Jason Riley, The Courier-Journal Bookmark: http://www.mapinc.org/coke.htm (Cocaine) OFFICER SAYS HE FOUGHT FOR HIS LIFE Mattingly Testifies In Murder Trial Former police Detective McKenzie Mattingly told a Jefferson County jury yesterday that he was in a struggle for his life with a drug dealer who was reaching for a gun when Mattingly shot him. A sometimes emotional Mattingly testified for nearly two hours before a packed, silent courtroom, saying he had no choice but to fatally shoot 19-year-old Michael Newby on Jan. 3. "I felt like if I didn't stop him, he was going to kill me," Mattingly said on the seventh day of his murder trial. "The only way to stop him was to shoot." But under questioning from prosecutor Scott Davis, Mattingly acknowledged that he never saw a gun on Newby. He also said he never told other officers at the scene that he thought Newby was armed. "I didn't," he said. "I should have." Mattingly was the last of three witnesses called by the defense yesterday. Prosecutors rested their case after taking the jury to the scene of the shooting at 46th and Market streets and calling an internal affairs officer. After hearing closing arguments this morning, a 12-person jury will decide whether to convict Mattingly. The jury could convict him of murder and wanton endangerment or the lesser charges of first-or second-degree manslaughter or reckless homicide. The trial so far Prosecutors told a Jefferson County jury that former Louisville Metro Police Detective McKenzie Mattingly made several "fatal" mistakes that led him to shoot fleeing teenager Michael Newby in the back. Defense lawyers argued that Mattingly was in a "fight for his life" with an "aggressive, armed drug dealer." Greg Hill, the owner of the western Louisville liquor and food store where the shooting took place, testified that he saw Newby running away from Mattingly when he was shot. Four officers in Mattingly's platoon testified that Newby continued to struggle and reach toward his waist after Mattingly shot at him. After Newby was handcuffed, officers discovered the teen had been shot and had a gun in his waistband. Two twin brothers riding with Mattingly's platoon the night of the shooting said that Mattingly was shaken after shooting Newby and that he told another officer he thought Newby had shot him. Mattingly's partner, Detective Matthew Thomerson, testified that he thought "very seriously" about shooting at Newby after the teenager maneuvered between vehicles, away from him and Mattingly. But Thomerson testified that "at no point did I see a weapon or see him (Newby) make an aggressive movement other than when he was down on the ground and probably already been shot." A state medical examiner, Barbara Weakley-Jones, testified it was possible that Newby was turning when he was shot - even though the bullets were all in his back. Yesterday's highlights Mattingly testified that he was in a "struggle for my life" as Newby turned toward the detective and was reaching for a gun, and that he had no choice but to shoot Newby. But Mattingly acknowledged that he never saw a gun on Newby and never told other officers he suspected the teen was carrying a weapon. The jury was taken to the scene of the shooting, outside a liquor store and small grocery near 46th and Market streets. The former Louisville Metro Police Department detective, who was fired after the shooting, faces one year to life in prison if convicted. In their opening statements to the jury Thursday, prosecutors said Mattingly made fatal mistakes during an undercover drug deal that led him to shoot Newby in the back as the 19-year-old was running away. But Mattingly told the jury yesterday that he was caught up in a drug deal that quickly escalated out of his control, with Newby and three men robbing him and appearing to flee. Hoping to point responding officers in the right direction, Mattingly stepped out of his vehicle at 46th and Market streets and was shocked to find Newby bending over and picking up a $20 bill, he testified. Mattingly said that he had suspected Newby had a gun because the teen had lifted his shirt during the drug deal as if to indicate he was armed. As Newby approached, Mattingly said he told the teen repeatedly he was a police officer. "Very quickly, he got this look in his eyes; he didn't care," Mattingly said. "He was going to hurt me." Mattingly said he pulled his weapon and held it at his side, with his finger away from the trigger to avoid an accidental shooting, again telling Newby he was an officer. Newby grabbed the gun and the two men struggled over the weapon, with Newby pulling the gun upward, toward the detective, Mattingly testified. "I thought, 'This is bad,'" he said. As they wrestled, Mattingly said, he was able to force the weapon downward. But Newby managed to fire the weapon, Mattingly said, and the detective believed he had been shot in the foot. "I thought, 'He just shot me with my own gun,'" Mattingly said, his voice choking. After the shot, the two men soon broke apart, and Newby began moving away between vehicles towards the liquor store, Mattingly said. But, he added, "He was not running away." Mattingly said Newby was slowly and clumsily moving away, reaching down to his waist and repeatedly looking back toward him, bumping into the vehicle he was passing. When he rounded the vehicle, Newby turned, nearly fully facing him, and began to pull up his shirt, Mattingly said. "I believe he is going to get his gun out and shoot and kill me," Mattingly testified. "He was facing me just as I am facing you all," Mattingly told the jury while looking straight at them, with his chest and head turned to the group. Mattingly said he raised his weapon and fired, and Newby slumped to a sitting position, his back resting against the liquor store wall. A state medical examiner testified Monday that it is possible that Newby was turning when he was shot - even though the bullets were all in his back. It was only after the shooting, Mattingly said, that he noticed his partner, Detective Matthew Thomerson, was nearby and yelling at Newby to show his hands. Other officers moved in, and Mattingly said he went into what he later thought was shock. "I felt like I was going to throw up," he said, adding that he saw an officer talking to him but couldn't hear any words. "It was like I was physically there, but I wasn't." Under cross-examination from prosecutor Scott Davis, Mattingly acknowledged that he normally didn't leave his vehicle during an undercover drug buy and that he never used a code word that night which would have indicated to the officers backing him up that he was in trouble. "I didn't feel it (the code word) was necessary at that point," after the men had just robbed him, Mattingly told Davis, explaining that, at that time, he didn't yet feel he was in serious danger. Mattingly confirmed that Newby and the three men with him were not the suspected drug dealers that his platoon was trying to find that night, but the detective said he decided to deal with them after his contact didn't show up. The men were aggressive, trying to get in the passenger side door of Mattingly's truck and reaching in to try and grab his cell phone at one point. As the deal unfolded, Mattingly said one of the men snatched his money and Newby tried to get the cocaine that he had just handed to the officer. When Davis later asked Mattingly if he felt Newby was going for a gun, the former detective replied: "If I hadn't believed he was going to kill me, I would have done anything else." - --- MAP posted-by: Jo-D