Pubdate: Sat, 17 Apr 2004 Source: Courier-Journal, The (KY) Copyright: 2004 The Courier-Journal Contact: http://www.courier-journal.com/ Details: http://www.mapinc.org/media/97 Bookmark: http://www.mapinc.org/people/mckenzie+mattingly MATTINGLY'S DISMISSAL Police Chief Robert White's decision to fire Detective McKenzie Mattingly for his actions in the Jan. 3 shooting death of Michael Newby has drawn some criticism and some praise. That suggests there's some laudable restraint being exercised on all sides of the controversy. The incident was the 11th fatal police shooting in the city since 1998. Including Newby, seven of the victims were African-American males, a fact that inevitably charges the public debate. The muted reaction of most interested parties to Mr. Mattingly's dismissal, while certainly welcome, was something of a surprise. But it "cut the temperature down at least 25 degrees," according to Bishop Dennis Lyons, pastor of Full Gospel Missionary Baptist Church. Both Fraternal Order of Police president Richard Dotson and treasurer Stephen Schweitzer said most officers are reserving judgment, in what must be a trying moment for many of them. That's a good sign. Mr. Mattingly, who is the first officer to be fired in this spate of shootings, has been indicted on charges of murder and wanton endangerment. But Chief White concluded that there was no future for him on the force, no matter how that court case turns out, because he violated departmental policies on the use of force. The chief's decision was based on the results of a thorough Professional Standards Unit investigation. In an April 15 letter to Mr. Mattingly, he concluded, "Your conduct clearly brought discredit upon our department and you as a member" and "damaged the bond which we have established with our community." At the heart of the matter is the chief's determination that Mr. Mattingly "failed to exhaust other reasonable alternatives prior to shooting." He also decided that Mr. Newby had not posed "an immediate threat," and that there's no indication he would have clearly endangered human life unless immediately stopped. Some critics may feel that Chief White's decision was a bow to political correctness. But the fact is, different standards are used to reach conclusions in administrative reviews and court trials. "In a criminal case, you have to meet the burden of `beyond a reasonable doubt,'" Chief White pointed out. He is convinced that, even if Mr. Mattingly is exonerated by the courts, dismissal is justified, since the "preponderance of evidence" suggests that he violated department rules. So be it. So far, in this unfortunate situation, the system seems to be working. That's because most people have been willing to give it a chance. - --- MAP posted-by: Larry Seguin