Pubdate: Sat, 27 Mar 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
Bookmark: http://www.mapinc.org/people/michael+newby

SHOOTING VICTIM'S FAMILY SUES DETECTIVE, LOUISVILLE

The family of shooting victim Michael Newby filed a $5million wrongful-death
lawsuit yesterday in federal court against Louisville Metro Police Detective
McKenzie Mattingly and the Louisville metro government.

Angela Bouggess, Newby's mother, alleges that her son's civil rights
were violated, that Mattingly acted negligently and used excessive
force and that the metro government was "deliberately indifferent to
the need to train police officers" to deal with the circumstances that
led to Newby's death on Jan. 3.

The suit also claims that Newby did not receive adequate medical
attention and "died in the street with his hands handcuffed behind his
back."

It seeks a trial and punitive damages. Thomas Clay, an attorney for
the Newby family, said the family is asking for $5million.

"I think the evidence is going to show that McKenzie Mattingly acted
improperly. He didn't follow the limited training he did have for the
use of deadly force," Clay said.

Claims made in filing a lawsuit give only one side of the case.

Mattingly's attorney, Steve Schroering, could not be reached for
comment. The detective has been charged with murder and wanton
endangerment in the case.

Alicia Smiley, a metro police spokeswoman, said police had not seen
the lawsuit. Police "were in the process of an administrative
investigation" and couldn't comment, she said.

Police Chief Robert White has said that Mattingly and Newby were
struggling over the detective's service handgun when the weapon
discharged after an attempted undercover drug deal went awry. Newby
ran, and Mattingly fired his gun four times, striking Newby three
times in the back.

"This was a $100 drug deal, and we've got a young man who is dead,"
Clay said. "The circumstances are totally unjustified."

Mattingly has pleaded not guilty to the charges and faces 20 to 50
years or life in prison if convicted of murder. He has been suspended
with pay, and his police powers have been revoked.

MATTINGLY TOLD prosecutors that he was "scared to death" when he shot
Newby and believed that the 19-year-old was "trying to go for a
weapon." Police say a .45-caliber gun was found in Newby's waistband
after he was shot, but Mattingly told investigators he never saw the
weapon before he fired.

The lawsuit's version of events on the night Newby died differs from
witness accounts reflected in nearly 1,000 pages of documents filed by
prosecutors in Jefferson Circuit Court.

For example, the lawsuit alleges that Newby never wrestled with
Mattingly over the officer's gun. It claims that Mattingly fought with
"unidentified individuals over $100 that was intended to purchase
narcotics."

It also states that Mattingly was upset about "being robbed of his
money and began to chase the young males at the scene. For some
unknown reason, (Mattingly) began to chase Newby and fired four shots
at him, three of those shots hitting him square in his back."

ACCORDING TO court documents filed by prosecutors, witnesses told
investigators that Newby and the detective wrestled over Mattingly's
weapon, which discharged, and Newby began moving away from the
detective. Mattingly then fired the fatal shots, they said. Police
also have said that officers removed Newby's handcuffs when they
realized that Newby had been shot, so paramedics could treat him.

Clay acknowledged that the court documents contradict some of the
lawsuit's claims, and he said some of the charges "may not be
accurate. .. There may have been a scuffle between Mattingly and Newby."

But he said the lawsuit was based on information he and the Newby
family had at the time it was drafted and that the court documents
"could turn out to be inaccurate."

CLAY SAID HE stands behind other allegations in the suit, including an
accusation that Mattingly should have known that police procedures
required him to stay in his vehicle and wait for other officers to
arrive, instead of pursuing Newby.

The lawsuit also finds fault with police procedures. It says that the
shooting was not reported quickly enough; Mattingly was wearing a
surveillance wire but his conversations were not being recorded; and
Mattingly's narcotics flex platoon was operating outside its district.

Court documents confirm that Mattingly was wearing a wire but that his
conversations were not being recorded.

Outside U.S. District Court in Louisville yesterday, Bouggess
struggled to maintain her composure as reporters crowded around her
and Jerry Bouggess, Newby's stepfather.

"Everybody who knows him knows Mike is a good guy," Angela Bouggess
said. "He's a fun, silly person. He didn't deserve to die."

Jerry Bouggess expressed frustration that Mattingly is still with the
police department. Investigators with the department's Professional
Integrity Unit are completing their investigation to determine whether
Mattingly followed department procedures. "This man needs to be taken
off the payroll and off the force," Bouggess said. "Taxpayers don't
need to be paying his salary and putting meat on his table."

Bouggess also said he hoped the lawsuit would prevent "this from
happening to anybody else - whether they are black, white, green or
whatever."
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