On Monday the family of David McAtee filed a wrongful death lawsuit, accusing officers from the Louisville Metro Police Department and members of the Kentucky National Guard of assault and battery, excessive use of force and negligence, and other charges, CNN reports.
The lawsuit directly names officers Katie Crews and Allen Austin, as well as ten unnamed Louisville officers and ten unnamed members of the Kentucky National Guard in McAtee’s death.
McAtee, a 53-year-old restaurant owner, was shot and killed on June 1 during widespread protests against police brutality. Police and the National Guard were attempting to disperse demonstrators when they chased some individuals who had fled toward where McAtee’s restaurant, YaYa’s BBQ, was located.
“Officer Crews and others then fired what appeared to be pepper balls at the individuals in front of the restaurant, forcing the people to escape fire by entering the restaurant’s kitchen door,” court documents noted. “As the individuals sought safety inside the restaurant, the police continued to fire their weapons at them and at the restaurant…. David McAtee was still in his kitchen, unaware of what was going on outside.”
McAtee’s niece Maychelle was struck “multiple times” by pepper balls, at which point McAtee stepped out to try and defend his property and his family, the lawsuit claimed.
“Unaware of what was causing the chaos and who was shooting at his customers and his niece, David McAtee stepped out of the kitchen door to try and defend his restaurant, home, family and customers. Immediately, the police shot and killed him. Less than 30 seconds after David McAtee was cooking a sandwich, he lay dying on his kitchen floor,” the documents read.
However, Former Police Chief Steven Conrad insisted during a press conference back in June that both officers and guard members were returning fire after police say shots were fired at them at some point.
No one has been charged in McAtee’s death.