Category Archives: Media Releases

Father and son convicted of sexual assaults on three minor female relatives left in their care

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OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
30th JUDICIAL CIRCUIT
THOMAS B. WINE, COMMONWEALTH’S ATTORNEY

Media Release: June 3, 2021

Attention: Assignment Editor
Director of Communications: Jeff Cooke
Office: (502) 595-2300 Ext. 3027
Cell / Text: (502) 262-5809
E-mail: jcooke@louisvilleprosecutor.com

In a criminal trial concluded today in Division 11 of Jefferson Circuit Court a jury recommended that William K. Riggle, Sr. serve 75 years in prison and his son, William K. Riggle, Jr., serve 150 years in prison for a series of sexual assaults against three minor females who had been in their care. Yesterday, the jury convicted Riggle, Sr. on three counts of Sodomy in the First Degree, eight counts of Sexual Abuse in the First Degree and three counts of Intimidating a Participant in the Legal Process and Riggle, Jr. of five counts of Sodomy in the First Degree, one count of Rape in the First Degree, seven counts of Sexual Abuse in the First Degree, one count of Intimidating a Participant in the Legal Process and one count of Use of a Minor in a Sexual Performance.

The minor females were nieces of Riggle, Sr. and cousins of Riggle, Jr. and had lived in the home of Riggle, Sr. between 2009 and 2017. Once the children were returned to the custody of their mother in 2017 they began disclosing to her the sexual and physical abuse they experienced at the hands of the two Riggles. Their mother took children to Norton’s Children Hospital for examinations for sexual abuse and later to the Family and Children’s Place for forensic interviews. In their interviews the children graphically detailed a variety of sexual acts which they were forced to perform by the Riggles. At least one of the sexual acts was recorded by Riggle, Jr.

Formal sentencing for both Riggles is scheduled for August 9, 2021 at 9:15 a.m.

The case was investigated by Detective Stacey Roby in the LMPD Crimes Against Children Unit.

Assistant Commonwealth’s Attorneys Danielle Yannelli and Chris Foster were the prosecutors.

A statement from Commonwealth’s Attorney Tom Wine regarding the review of the investigation into the death of David McAtee

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OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
30th JUDICIAL CIRCUIT
THOMAS B. WINE, COMMONWEALTH’S ATTORNEY

Media Release: May 25, 2021

Attention: Assignment Editor
Director of Communications: Jeff Cooke
Office: (502) 595-2300 Ext. 3027
Cell / Text: (502) 262-5809
E-mail: jcooke@louisvilleprosecutor.com

Following the death of David McAtee on June 1, 2020, the Kentucky State Police Critical Incident Response Team and the Louisville Metro Police Department Public Integrity Unit, conducted an exhaustive collaborative investigation. Their preliminary report was provided to the Office of Commonwealth’s Attorney on August 10, 2020. Additional reports and information were provided to our office over the next few months.   I commend the thoroughness and promptness of the Kentucky State Police, the Louisville Metro Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in compiling this information and preparing these reports.

I will begin by offering my condolences to the McAtee family. By all accounts David McAtee was well liked by the community, his patrons, and members of the Louisville Metro Police Department. Prior to the release of this statement, I informed the attorney for the McAtee family of the results of this review.

On Saturday, May 30, 2020, following two days where our city experienced both constitutionally protected protests and criminal destruction of property and other unlawful conduct, Mayor Greg Fischer issued Executive Order 2020-006 decreeing a curfew for Louisville Metro from 9:00 pm on May 30, 2020 until 6:30 am on June 1, 2020. On the same day, Governor Andy Beshear also activated the Kentucky National Guard pursuant to Executive Orders 2019-459 and 2019-462, ordering units of the Kentucky National Guard into Jefferson County. 

Around midnight of May 31/ June 1, LMPD command staff directed a contingent of LMPD officers and Kentucky National Guard soldiers to the intersection of 26th and Broadway. Their primary goal was to clear a crowd from the parking lot at Dino’s Food Market.  After the officers and soldiers arrived, they began clearing the parking lot and the surrounding streets. Most civilians in the crowd were compliant and began to exit the area, either by walking away or driving off in their personal vehicles. There was no evidence that the crowd was engaged in any type of protest or destructive behavior.

Some members of the crowd began to walk over to YaYa’s BBQ at 677 26th Street, an eating establishment operated by Mr. David McAtee.  The business was still open and McAtee was moving between the premises’ outdoor grilling area and the interior of the building.

McAtee was aware of the 9 PM curfew.  Lt. Aaron Crowell, LMPD, spoke with McAtee and the management of Dino’s, the night before, to confirm that they knew the curfew was in effect.  They were advised they would be in violation of the curfew if they were serving people after 9 PM.

Following her arrival on the scene LMPD Officer Katie Crews (Crews) fired at least one pepper ball into the street outside Dino’s to disperse the crowd. Crews then proceeded to fire several more pepper ball shots toward YaYa’s where Machelle McAtee was standing under a blue canopy near the side door to the building.   As a result Ms. McAtee and others sought shelter inside the building.  

In a recorded statement to investigators Marvin McAtee, David McAtee’s nephew, stated that he told his uncle that marshals, or “whoever” were outside.

Nevertheless, following the hurried entry of Ms. McAtee and others into YaYa’s through the side door, Mr. McAtee pointed a gun out that door and fired one shot.  He then stepped back inside before reemerging to fire a second shot.   Surveillance video from inside YaYa’s captured these events.

In response to McAtee’s shots, LMPD officers and National Guard soldiers moved for cover. Some described having seen an arm appear, a muzzle flash, and after a short pause, an arm appear again, and another muzzle flash.  After McAtee’s first shot, members of LMPD switched from non-lethal weapons such as pepper ball guns to service weapons and the National Guard soldiers armed their M-4 rifles. After McAtee’s second shot, Crews, LMPD officer Austin Allen, National Guard soldiers Andrew Kroszkewicz and Staff Sergeant Matthew Roark all returned fire.   Allen fired once, Crews fired eight times, Kroszkewicz fired four times and Roark fired six times. No other member of the National Guard or LMPD fired their service weapons.

Neither of the LMPD officers had activated their body cameras and the National Guard soldiers were not equipped with body cameras.

In the return fire Mr. McAtee was struck one time in the chest. 

Persons inside the building attempted to render first aid to Mr. McAtee.  Paramedics arrived within approximately 5 minutes of the shooting, but found that McAtee was already deceased.

Several officers and soldiers believed that someone was setting off firecrackers near the area of YaYa’s BBQ. Marvin McAtee, in his 911 call, reported that someone had set off firecrackers. This seemingly harmless prank heightened the sense of threat. Additionally, officers and soldiers reported hearing gunfire from several locations in the immediate area.

As described consistently, Mr. McAtee fired twice. The Jimenez Arms 9mm handgun found near his body had his DNA on it. The magazine found on his person contained ammunition that matched that used by the Jimenez Arms 9mm. And the two spent shell casings found immediately outside the door were determined to have been fired by that same Jimenez Arms 9mm. Finally, Machelle McAtee stated that the Jimenez Arms 9mm she saw on the floor next to his body, was similar to the one she had seen him possess previously.

Mr. McAtee’s autopsy report revealed that he died from a single gunshot wound to the left chest, upper sternal, involving the left lung and aortic arch.  His ribs, clavicles, and manubrium had been fractured.  An accompanying toxicology report showed Mr. McAtee had not ingested any drugs or alcohol.

Four fragments of a projectile were recovered from the body of Mr. McAtee. The KSP crime lab determined only two fragments displayed marks of value indicating they could have been fired from either of the Kentucky National Guard’s Colt rifles. Green paint found on one of these fragments was similar to the green paint on the cartridges used by the Kentucky National Guard.   However, the fragments were too damaged to be identified with a specific weapon.  It was definitively found that these two fragments had not been fired from the weapons used by the LMPD officers.

The LMPD officers In conformance with LMPD Standard Operating Procedure Number 9.1.13 and the Kentucky National Guard soldiers by virtue of the National Guard’s use of force policy were authorized to discharge their firearms in defense of human life, including their own, when they reasonably believed, based on the facts and circumstances, that Mr. McAtee posed an immediate threat of death or serious injury to them or to another person. The actions of the LMPD officers and Kentucky National Guard soldiers were further justified by KRS 503.040 to use physical force, and KRS 503.050 (2) and KRS 503.070 (2) to use deadly physical force in response to the deadly physical force used by Mr. McAtee against them.

I provided a twenty-four page review to the investigating agencies detailing our office’s factual findings, legal analysis, and the conclusion that that this investigation will not be presented to a Jefferson County Grand Jury for further review or potential charges against any of the LMPD officers or National Guard soldiers who fired their weapons. Because there is an ongoing investigation by federal authorities, it would not be appropriate for me to comment further on this matter at this time.

Media Release: First Jefferson Circuit Court Criminal Jury Trial Verdict Since Reopening of Kentucky Courts for Trials

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OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
30th JUDICIAL CIRCUIT
THOMAS B. WINE, COMMONWEALTH’S ATTORNEY

Media Release: May 17, 2021

Attention: Assignment Editor
Director of Communications: Jeff Cooke
Office: (502) 595-2300 Ext. 3027
Cell / Text: (502) 262-5809
E-mail: jcooke@louisvilleprosecutor.com

On Friday May 14, 2021, after a four day jury trial, a jury in Division 10 of Jefferson Circuit Court convicted Luis Osiris Garcia Martinez of Trafficking in a Controlled Substance 1st degree- Heroin over 2 grams, Trafficking in a Controlled Substance in the First Degree – Cocaine, Fleeing or Evading Police in the First Degree, Assault in the Third Degree, Tampering With Physical Evidence, Resisting Arrest, Disorderly Conduct in the Second Degree, and Possession of Marijuana. Following their verdict, the jury recommended a sentence of seven years.

This is the first criminal trial taken to a jury verdict since the Jefferson Circuit Court was allowed to resume jury trials on May 1, 2021. While two other criminal jury trials had been started since the courts’ reopening, both of those cases settled with plea agreements before being given to the jury.

Final sentencing for Martinez is set for August 9th 2021 at 10 a.m.

Assistant Commonwealth’s Attorneys Heather Humble and Lindsay Porter were the assigned prosecutors.

Media Release: Governor Signs Bill Closing Loophole Involving Incompetent Defendants Deemed Dangerous

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OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
30th JUDICIAL CIRCUIT
THOMAS B. WINE, COMMONWEALTH’S ATTORNEY

Media Release: April 1, 2021

Attention: Assignment Editor
Director of Communications: Jeff Cooke
Office: (502) 595-2300 Ext. 3027
Cell / Text: (502) 262-5809
E-mail: jcooke@louisvilleprosecutor.com

Early this morning Governor Andy Beshear signed into law House Bill 310.  Included in this bill is language from Senate Bill 239 which creates a new chapter in the Kentucky Revised Statutes, Chapter 202C.  KRS 202C provides a mechanism to protect the public from harm as well as ensure due process rights of a person accused of serious crimes who has been found incompetent to stand trial.

Prior to the adoption of this bill, a defendant accused of serious crimes who had been determined to be incompetent to stand trial and was considered to present a danger to himself or others as a result of his mental illness could be involuntarily hospitalized only if it was further determined that the defendant could reasonably benefit from treatment.  Were it determined that the defendant would not reasonably benefit from treatment he had to be released into the public.

This new chapter allows the Commonwealth Attorney to file a petition for an involuntary commitment for a person found incompetent to stand trial, is not likely to gain competency in the near future, is still a danger to himself or others but who would not benefit from additional treatment.  Following the filing of the petition, an evidentiary hearing would be held before a circuit court judge wherein the defendant would be represented by both an attorney as well as a guardian ad litem appointed by the Court.  The hearing would be held within twenty (20) days from the filing of the petition following an evaluation by two qualified medical health professionals.  In that hearing the Commonwealth would be required to prove by a preponderance of the evidence that the defendant is guilty of the charged offense and prove beyond a reasonable doubt that involuntary commitment is necessary.

If it is found that the defendant should be involuntarily committed, the defendant shall be placed in a forensic psychiatric facility.  Following the initial commitment the chapter requires a series of follow-up reviews to determine if continued involuntary commitment is necessary.  The defendant would have all the rights of any patient who is being treated at a medical facility.

I wish to publicly thank Governor Beshear and his legislative team who worked hard to review the final bill after it was presented to him on Tuesday.  I am equally grateful for the bipartisan efforts of the Kentucky General Assembly, and especially for the work of Senators Morgan McGarvey and Julie Raque Adams and Representative Jason Nemes.  Work on this bill began last year through a cooperative effort involving the Office of the Commonwealth’s Attorney, local defense attorneys, public health officials and Senator McGarvey.  While the legislation did not pass in 2020 due to the COVID pandemic, the groundwork was laid for this year’s successful work.

The passage of this important bill is an excellent example of what good can be achieved when we all work together for the benefit of the Commonwealth.

Media Release Statement

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OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
30th JUDICIAL CIRCUIT
THOMAS B. WINE, COMMONWEALTH’S ATTORNEY

Media Release: March 11, 2021

Attention: Assignment Editor
Director of Communications: Jeff Cooke
Office: (502) 595-2300 Ext. 3027
Cell / Text: (502) 262-5809
E-mail: jcooke@louisvilleprosecutor.com

In early May 2020 many local advocacy groups, including the local chapter of the NAACP, Louisville Showing Up for Racial Justice and the Interdenominational Ministerial Coalition, and many local civil rights leaders and public officials called for an independent investigation into the circumstances surrounding the tragic death of Breonna Taylor.  They also called for the appointment of a special prosecutor to review that investigation.  At that same time, then United States Senator Kamala Harris joined a group of Louisville ministers in demanding that federal investigators examine the shooting, writing in a tweet that Taylor’s “family deserves answers.”

On May 13, 2020 I recognized there would be a conflict for the Office of Commonwealth’s Attorney to investigate and prosecute Kenneth Walker, who was accused of shooting Sgt. Jon Mattingly, and, at the same time, investigate and prosecute the LMPD officers who were accused of shooting Breonna Taylor.  I recused our office and asked the Attorney General’s Office to appoint a special prosecutor. When a local prosecutor is disqualified from handling a case, the Attorney General can either appoint another state prosecutor to handle the case or direct his Special Prosecution Unit to handle it.  In this instance, recognizing the amount of resources necessary to review and prosecute the matter, the Attorney General directed his Special Prosecution Unit to assume responsibility for the case. 

On or about May 20, 2020, Mayor Greg Fischer announced the findings of an internal investigation into the fatal shooting of Breonna Taylor by Louisville Metro Police Department had been turned over to Attorney General Daniel Cameron and his Special Prosecution Unit.

On May 21, the Louisville field office for the Federal Bureau of Investigation (FBI) announced it was launching its own independent investigation into Taylor’s death. The FBI’s Civil Rights Division, based in Washington D.C., announced that it is working with the Louisville field office on the case.  Just this week, on March 9, representatives of the Louisville field office stated there is no timeline on the investigation’s completion and that they are continuing to “actively investigate all aspects” of Breonna Taylor’s death.

On May 22, 2020, our office moved to dismiss the indictment against Kenneth Walker which had been brought as a result of his alleged shooting of Sgt. Mattingly. At that time I said in part;

"I believe that additional investigation is necessary, I believe that the independent investigation by the Attorney General's Office of Kentucky, the FBI, and the US Attorney's Office must be completed before we go forward with any prosecution… If, after those reviews, we believe there is sufficient evidence to again present this matter to the grand jury, we will do so.

In September 2020, after more than two months of investigation into the shooting death of Breonna Taylor, prosecutors from the Attorney General’s Special Prosecutions Unit presented the matter to a Jefferson County Grand Jury. On September 23, 2020, LMPD Officer Brent Hankison was indicted on the charges of Wanton Endangerment in the First Degree. No indictment was returned against any officer for causing the death of Ms. Taylor. On September 29, 2020 Attorney General Cameron explained in a written statement:

"The evidence supported, and our team recommended, wanton endangerment charges against Mr. Hankison. Sergeant Mattingly and Detective Cosgrove were justified in returning fire after having been fired upon by Kenneth Walker. However, the Grand Jury was presented with all of the evidence over the course of the two-and-a-half-day presentation, including information involving Sergeant Mattingly and Detective Cosgrove. If our office just presented the wanton endangerment charge against Hankison, it would have been a much shorter presentation, but we felt it was important for the Grand Jury to hear all the information before they deliberated and voted."

In late October 2020, responding to complaints that his prosecutors did not  give the Breonna Taylor grand jury the option of considering murder charges against the LMPD officers, Attorney General Cameron, speaking with ABC affiliate WBKO in Bowling Green, Kentucky, explained;

"It was not our judgment that there should be other charges that the grand jury should be advised of…..The grand jury can, you know, as an independent body, bring up other questions or other issues….I fully take responsibility for the recommendation that we made

He concluded, stating: “Based on the facts, that was the appropriate recommendation to make.”

Last week, after concluding that no new information regarding Kenneth Walker had been developed since May 2020, our office moved to dismiss the charges against Kenneth Walker “with prejudice”.  On March 8, 2021, Judge Olu Stevens granted that motion.

Just as I exercised my discretion not to re-indict Kenneth Walker, a decision that has been widely criticized, so too, the Attorney General exercised his discretion in the presentation to the Breonna Taylor grand jury. Both the National District Attorneys Association National Prosecution Standards and the Kentucky Rules of Criminal Procedure mandate that a prosecutor serve as a legal advisor to the grand jury.   Charging recommendations are part of that advisory role.

The investigation into the death of Breonna Taylor is not over.  It continues in the hands of both independent investigators and prosecutors, those of the FBI and the United States Department of Justice.  Violations of federal civil rights under color of law, resulting in the death of an individual, carry the same, if not greater, penalties than those provided under Kentucky law.

The Office of Commonwealth’s Attorney does not plan to present this matter to another grand jury as long as there is a pending federal investigation. To do so would create a risk of inconsistent results and recommendations and potentially hinder rather than advance justice in this case.