Pubdate: Fri, 09 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
Author: Laura Bauer, Courier-Journal

CHIEF TO RULE SOON ON FATE OF DETECTIVE IN SHOOTING

White Will Decide Whether Mattingly Broke Police Policy

Metro Police Chief Robert White said yesterday that he would decide as 
early as next week whether Detective McKenzie Mattingly violated department 
policy in the fatal shooting of Michael Newby.

Mattingly, who was indicted last month on charges of murder and wanton 
endangerment in the shooting, has been on paid administrative leave since 
the Jan.3 incident.

If Mattingly is found in violation of department policy, he could face 
discipline, which includes termination. White said yesterday that he was 
still reviewing the file and the investigation conducted by the 
department's Professional Standards Unit.

White said he could not comment specifically about the case or what he has 
reviewed so far.

Attorney Mary Sharp, who with Mark Miller is representing Mattingly in his 
administrative review, said that she had not heard that White was reviewing 
the case.

"I didn't know (the professional standards unit) had concluded their 
investigation," Sharp said yesterday. "Now we'll just wait and see what 
happens."

She said she could not elaborate on the case or on Mattingly, who was 
working as an undercover officer the night of the shooting.

In protests since the detective was indicted, Newby's family and other 
activists have called for his immediate firing.

"After the indictment, he should have been gone," said the Rev. Louis 
Coleman, of the Justice Resource Center.

"This administrative leave is for the birds. Many of us in the community 
feel it's almost like a paid vacation, sitting around waiting for a 
verdict," he said.

White has said that Mattingly and Newby were struggling over Mattingly's 
service handgun when the weapon discharged during an attempted undercover 
drug buy just outside a liquor store and grocery near 46th and Market streets.

Newby ran, and Mattingly fired four times, hitting Newby three times in the 
back, according to police.

Police said drugs were found on Newby's body and a .45-caliber gun was in 
his waistband.
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