What KY police have and haven’t released amid calls for more transparency in officer shooting
Family and social activists groups have called for more transparency from state and local police departments after a Nicholasville man was killed by a Nicholasville police officer in October, but law enforcement agencies have denied multiple requests under the Kentucky Open Records Act to release more information.
Marches have been held and statements released in which family members have demanded both agencies release more information for some insight as to what happened the day Desman LaDuke was shot and killed.
Racial justice advocate Sarah Williams has been one that has rallied behind the family to seek answers.
“I would just hope that the Nicholasville Police Department would go ahead and prove that they are committed to some form of transparency and accountability and release the policies and procedures -- in its entirety -- that govern all of the sworn officers that are said to protect the community,” she said.
Sam Aguiar, an attorney representing LaDuke’s aunt, Melissa Marks, has also called for more transparency.
As is common when state police launch an investigation into a police shooting, officials said in a statement that “KSP is committed to being transparent while ensuring the integrity of the investigation.”
“To protect the integrity of an ongoing investigation, it is KSP’s standard operating procedure not to release specific details until vital witnesses have been interviewed and pertinent facts gathered,” state police said when asked about LaDuke’s death. “Timelines to complete investigations vary based on the complexity of the case.”
Both Kentucky State Police and the Nicholasville Police Department have denied formal requests to release several pieces of information — including bodycam video and 911 call audio — relating to the death of LaDuke.
The most recent records denial was received by the Herald-Leader last week.
LaDuke, a resident of Nicholasville, was shot and killed by Nicholasville police officer Joseph Horton on Oct. 22 after police were called to his home for a welfare check. In an initial release from Kentucky State Police, they said local police were called to LaDuke’s home and reported that LaDuke was armed and suicidal.
Horton shot LaDuke, who was taken to the hospital for his injuries but died several hours after the shooting took place. More than a week after the incident, Nicholasville police released a statement alleging LaDuke aimed two firearms at officers through a window before he was shot.
What police have refused to release after shooting
State police partially or fully denied requests filed by the Herald-Leader under the Kentucky Open Records Act in an effort to obtain copies of bodycam footage, 911 call audio incident reports and photographs from the scene of the shooting.
The records which state police provided included only an initial report that had been filed to confirm troopers were investigating the incident.
Much of what was provided was redacted in the way of personal information such as a social security number, home address, personal telephone number, and date of birth. Of three pages listed as being a part of the report, only two were provided. State police said the third page was a narrative report, which had been redacted.
The report describes the incident as “a response to resistance investigation.” In addition, the report notes the offender is suspected of using “alcohol, drugs/narcotics.”
In a statement from Sam Aguiar, an attorney for LaDuke’s aunt and siblings, Aguiar said, “We take issues with KSP releasing a heavily redacted report with the exception of information that implied Desman could have been intoxicated.”
State police said they would not release additional items because they were tied to an ongoing investigation.
Stephanie Dawson, a public records custodian for state police, said the investigation remained ongoing and “the Commonwealth’s Attorney has neither declined to prosecute (the case), nor concluded prosecution of it.”
State police also said the 911 call was not originally directed to state police, but Jessamine County Emergency Services did provide state police with audio of the call and it’s part of state police’s investigation.
The Herald-Leader also requested 911 call audio and dispatch records from Jessamine County Emergency Services, but was denied. Director Chris Bowman stated the audio and records could not be shared as the information is part of an open investigation.
In the agency’s response to the Herald-Leader’s request, officials said the records could be withheld until “prosecution is concluded” or until officials decide not to prosecute.
In addition, the Herald-Leader requested the “Level of Resistance Incident Report” and the “Peace Officer’s Documentation of the Individual’s Behavior Report” from the Nicholasville Police Department through Kentucky Open Records Requests. Nicholasville police also withheld those documents.
The resistance report can show how officers perceived a threat in a certain situation that they are called to, and help determine the appropriate level in which they respond. It is intended to provide insight from an involved officer’s point of view. The behavior report is used to determine if someone has diminished mental capacity and how officers responded to that person.
Citing state law and Attorney General opinion, Carmen Miracle, a records custodian for the Nicholasville Police Department, said “our agency can withhold the records until the case is closed or final disposition in court.”
First amendment attorney: KSP in violation of the law
Michael Abate, a First Amendment and media law attorney, told the Herald-Leader that state police’s refusal to disclose these records are both “illegal and outrageous.”
“They have been sanctioned multiple times in recent years by Kentucky courts for claiming that an entire investigation file can be withheld solely because of a pending investigation — just as they are doing in this case,” Abate said. “That is not the law, but KSP keeps making that argument anyway even though it keeps losing in court and declining to appeal.”
He stated withholding the body camera footage is especially troubling.
“The general assembly passed a law making clear that videos that involve the use of force by police are subject to public inspection. The public has a right to see that footage,” he said. “The KSP is going to great lengths to keep the public in the dark and to waste taxpayer money by making legal claims that have been repeatedly rejected. That should end, immediately.”
Regarding the sole redacted document state police did produce, Abate said even those are still in violation of the law.
“They have withheld the entire narrative of the incident report without claiming any relevant exemption. That is just flouting the law and disrespecting the public,” Abate said. “We have a right to see how police described the incident, to know if it lines up with the facts of the body camera footage and other evidence in the record.”
This story was originally published December 20, 2022 at 6:00 AM.
