From the Office of the Commonwealth’s Attorney. Please see our Circuit Court Reports page at louisvilleprosecutor.com/circuit-court-reports for more information and archives.
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From the Office of the Commonwealth’s Attorney. Please see our Media Releases page at louisvilleprosecutor.com/media-releases for more details and archives.
OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
30th JUDICIAL CIRCUIT
THOMAS B. WINE, COMMONWEALTH’S ATTORNEY
LOUISVILLE, KY — Today the Jefferson County Grand Jury returned an indictment against Louisville Metro Police Officer Lonzo McConico for the February 2, 2018 assault on 18 year old Tanner Brown following Brown’s arrest outside the Old Louisville Tavern at 1532 South Fourth Street. The Assistant Commonwealth’s Attorneys presenting the case to the Grand Jury provided it with the option of indicting McConico on either felony or misdemeanor assault charges, the difference being whether the injury suffered by Brown amounted to serious physical injury or physical injury. The indictment charges McConico with Assault in the Fourth Degree, a Class A Misdemeanor punishable by up to 12 months in jail and/or a $500 fine.
Kentucky Revised Statute 500.080(15) defines “serious physical injury” as “physical injury which creates a substantial risk of death or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.” By returning an indictment for Assault in the Fourth Degree, the Grand Jury found that the medical evidence presented did not constitute “serious physical injury”.
As a misdemeanor, the charge against Officer McConico will be referred to Jefferson District Court for prosecution. The prosecution there will continue to be handled by this office with the Assistant Commonwealth Attorneys who presented the case to the grand jury being appointed to prosecute the case in the District Court.
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From the Office of the Commonwealth’s Attorney. Please see our Circuit Court Reports page at louisvilleprosecutor.com/circuit-court-reports for more information and archives.
All report titles link to PDF documents:
From the Office of the Commonwealth’s Attorney. Please see our Circuit Court Reports page at louisvilleprosecutor.com/circuit-court-reports for more information and archives.
All report titles link to PDF documents:
From the Office of the Commonwealth’s Attorney. Please see our Media Releases page at louisvilleprosecutor.com/media-releases for more details and archives.
OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
30th JUDICIAL CIRCUIT
THOMAS B. WINE, COMMONWEALTH’S ATTORNEY
“On April 15, 2018, an inmate of Louisville Metro Department of Corrections (LMDC) was assaulted by an officer employed by LMDC. A body cam video clearly shows Officer David Schwartz punching Terry Whitehead who was handcuffed. Once apprised of the situation, Director Mark Bolton terminated the employment of Schwartz and Officer Devan Edwards who observed the assault but apparently did not make the appropriate report.
A decision was made, without consulting me or the Office of Commonwealth’s Attorney, to present this matter to the FBI for investigation and potential federal charges to be prosecuted by the United States Attorney’s Office of the Western District of Kentucky. While I am not critical of that decision, it is important to understand that to date, the investigation of this behavior has not been provided to the Jefferson County Office of the Commonwealth’s Attorney for either review or prosecution of violations of Kentucky criminal laws.
The first time I or my staff saw the video in question, was the broadcast on local television stations last week. I condemn the conduct of the LMDC officers involved and find it reprehensible. If the investigation of this matter is presented to our office for evaluation of criminal charges, an expedited review will be completed and any violations of Kentucky criminal law will be aggressively prosecuted
The public should be aware that the Department of Justice (DOJ) has a labyrinth of procedural rules that slow the process of an investigation such as this one. DOJ rules limit public announcements by the US Attorney as well as the FBI. DOJ should allow some latitude for comment by local federal authorities. The citizens of Jefferson County deserve greater transparency.
It continues to be the goal of the Jefferson County Office of Commonwealth’s Attorney and the US Attorney’s Office for the Western District of Kentucky to cooperate to obtain the maximum punishment for those who violate our laws, including those charged with enforcing our laws.”
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