LOUISVILLE METRO POLICE DEPARTMENT GREG FISCHER YVETTE GENTRY MAYOR CHIEF OF POLICE January 6, 2021 Detective Myles Cosgrove #7519 Criminal interdiction Division Professional Standards Case #20-026 Dear Detective Cosgrove: Please be advised effective this date your employment with the Louisville Metro Police Department is terminated. | am taking this action based upon my review of Professional Standards Unit investigation file #20-026, which was initiated on March 13, 2020, and your Pre-Termination meeting held January 4, 2021 wherein you were represented by L. Scott Miler and accompanied by FOP President Ryan Nichols. The original investigation was conducted by the Louisville Metro Police Department's Professional Standards Unit. The following is the result of my subsequent investigation Violations of Standard Operating Procedure 9.1.12 Use of Deadly Force’ Sustained ‘Standard Operating Procedure 4.31.6 Procedures (WVS) “Sustained Standard Operating Procedure 9.1.3 De-escalation -Exonerated I have determined you violated Standard Operating Procedure 9.1.12 Use of Deadly Force when you used deadly force and fired sixteen (16) rounds into Breonna Taylor's apartment on March 13, 2020. ‘As part of the investigation, you gave three interviews to the Louisville Metro Police Department's Public Integrity Unit (PIU), Professional Standards Unit (PSU) and the Office of Attorney General {OAG). Based on these interviews, the investigative reports and the forensic evidence, | have determined you fired sixteen (16) rounds after Mr. Kenneth Walker fired one round. Two (2) of the ‘sixteen (16) rounds you fired were found in the body of Ms. Breonna Taylor. One of these rounds was the fatal round that killed Ms. Breonna Taylor. In your statements, you did not describe targevthreat isolation or targeUthreat identification but instead you described flashes that you did not properly evaluate as a threat. In your Public Integrity Unit statement, you stated, “I see this distorted shadowy mass, this figurine, this figure in front of me that is ~ it's just, you know, its coming end going due to the flashing light” (Cosgrove ~ PIU transcript lines 241 -249), + Subsequent revisions to the Use of Deadly Force SOP have renumbered this section to 9.1.13. 633 WEST JEFFERSON STREET LOUISVILLE. KENTUCKY 40202 OFFICE PHONE, 502-574-7660 FAX, 502-574-2450Detective M. Cosgrove January 8, 2021 Page 2 In 2 follow-up interview with the Professional Standards Unit you stated, “the target I'm firing at is this - Is the muzzie flash followed by human, | think I said like abnormal or distorted human form at the end of the hallway" (Cosgrove PSU transcript lines 602-604). You also stated “Those lights to me were en ~ encompassing, They are ~ they are in front of him a-a- a- it's, ike, '™m in ~ its like you're lookin’ at the sun. And you open your eyes and you look al the sun. Its just this big spot. Flashes of - of big light. I's not ~ 'm not ~ Im not seeing ~ I'm not seein’ the stars if that's what your asking, I'm not seein.” (Cosgrove OAG transcript lines 718-722), ‘Shorly after taking Mr. Walker into custody and removing him from the immediate scene, you ‘addressed the group of officers holding the perimeter and stated, "So, apparently there is at least ‘one more occupant inside this apartment.” (0:13:38 of Officer Gida's WVS video) The dispatcher then asked, “Radio to any unit that can verly that the susp... that the 10-15 is the shooter.” You stated, out loud to the group, “Negative. Unknown.” Officer S. Gida then transmitted this information, stating, “Unknown.” (0:13:47 of Officer Gida’s WVS video) This information confirms that even after firing sixteen (16) rounds into the apartment you stil did not know the identity of the threat, Standard Operating Procedure 9.1.12? states that the “person against whom the force is used must pose “an immediate threat of death or serious injury’. The shots you fired went in three different directions, indicating you did not verity a threat or have target acquisition. In other words, the evidence shows that you fired wildly at unidentified subjects or targets located within an apartment. note that Sergeant Mattingly, who was shot and crtically injured, was able to identify and describe the individual whom he targeted as a threat and against whom he returned fire. Your failure to properly identify @ threat and to assess whether an ongoing threat existed is a direct violation of ‘our Standard Operating Procedures. You also violated Standard Operating Procedure 4.31.6 Procedures (W/VS) when you failed to activate your assigned WVS in recording mode prior to your engagement in this law enforcement activity on March 13, 2020. In reaching my decision, | considered the information you provided at our meeting concerning “force science’, that is, the effect of serious physical threat on an officer's performance. | also considered the narrow window of time within which these events occurred. However, despite your years of service, | cannot justify your conduct nor in good conscience recommend anything less than termination Pursuant to Louisville Metro Police Merit Board Rules and Regulations 9.3(4), “Any police officer removed, suspended, laid off, reduced in grade or reprimanded by the Chief shall be allowed @ period of ten (10) days from the date of notice from the Chief to file a written response to the disciplinary action which shall be made a part of the officer's permanent personnel record in the Police Department. No trial or examination of witnesses shall be requited in any such case except at the discretion of the Chief.” Pursuant to Louisville Metro Police Merit Board Rules and Regulations 9.5(4), "Disciplinary action taken by the Chief involving suspension, demotion, or dismissal of any permanent officer shail be subject to review by the Board on an appeal by the employee. If such a review is requested in writing, within ten (10) days from the effective date of the disciplinary action, the Board shal schedule and conduct a public heating to review the action of the Chief subject to the Hearing Procedures of the Board and applicable statutes.” 2 Subsequent revisions to the Use of Deadly Force SOP have renumbered this section to 9.1.13.Detective M. Cosgrove January 5, 2021 Page 3 Pursuant to Section 10.1(2) of the Louisville Metro Police Merit Board Rules and Regulations. an ‘appeal requesting the Louisville Metro Police Merit Board to review my action in this case must be made in writing to the Board with a copy to me within ten days of the effective date of the disciplinary ‘action set forth in this letter, and must include a statement of the grounds for appeal ‘Once an appeal for review is properly fled, the Board will schedule @ public hearing to review the disciplinary action set forth in this letter pursuant to Section 9.3(4) of the Louisville Metro Police Merit Board Rules and Regulations. A copy of the Louisville Metro Police Merit Board Rules and Regulations may be obtained from the Board. The rules are also available at tov/MyMetroibumanResour /PolleeMeriBoardRulesandReaulations put YGMDSidng Ce: Lieutenant Colonel A. McClinton Major J. Schwab Michael O'Connell ‘Wm, Dennis Sims Professional Standards Unit Human Resources Metro Human ResourcesLOUISVILLE METRO POLICE DEPARTMENT GREG FISCHER YVETTE GENTRY MAvOR CHIEF OF POLICE January 5, 2021 Detective Joshua Jaynes #7627 Criminal interdiction Division Professional Standards Case #20.026 Dear Detective Jaynes: Please be advised effective this date your employment with the Louisville Metro Police Department is terminated. | am taking this action based upon my review of Professional ‘Standards Unit investigation file #20-026, which was initiated on March 13, 2020 and began after ‘completion of the Public Integrity Unit investigation, and your Pre-Termination meeting held on January 4, 2021 wherein you were represented by Chad Gardner and accompanied by Keith Kamenish and FOP President Ryan Nichols. The original investigation was conducted by the Louisville Metro Police Department's Professional Standards Unit. The following is the result of my subsequent investigation Violations of ‘Standard Operating Procedure 8.1.17 Preparation for Search Warrant Execution -Sustained ‘Standard Operating Procedure 6.1.8 Truthfulness/Untruthfulness(2 Counts) -Sustained [have determined you violated Standard Operating Procedure 8.1.17 Preparation for Search Warrant Execution when you failed to complete a Search Warrant Operations Pian form in regard io the search at 3003 Springfield Drive #4 on March 13, 2020. | acknowledge and accept your explanation for not being present during the service of the warrant at Springfield Avenue. You also violated Standard Operating Procedure 5.1.5 Truthfulness/Untruthfulness (Count 1 when you were untruthful when you stated in the Springfield search warrant affidavit you “verified through a US Postal Inspector that Jamarcus Glover has been receiving packages at 3003, Springfield Drive #4.” You failed to mention the information used was not verified specifically by you. You did not have contact with a US Postal Inspector. You did not "verify" this statement you ‘swore to in the affidavit. Again, you violated Standard Operating Procedure 6.1.5 ‘Truthfulness/Untruthfulness (Count 2) when you were untruthful when you swore 2 US Postal inspector advised that ‘Jamarcus Glover has been receiving packages at 3003 Springfield Drive He | acknowledge that you believe you prepared the search warrant in good faith. However, you failed to inform the judge that you had no contact with the US Postal Inspector. Your sworn information was not only inaccurate; it was not truthful 633 WEST JEFFERSON STREET LOUISVILLE, KENTUCKY 40202 OFFICE PHONE, $02-74-7660 FAX: $02-574-2450Detective J. Jaynes January 5, 202% Page 2 uring your pre-termination meeting, the FOP president suggested that the solution in the future. was for better training. | fully appreciate that training is good, the more the better. However, | heard nothing to suggest that you had been improperly trained on procedures for obtaining search warrants. More significantly, | do not believe officers can or need to be trained to tell the tvuth under oath. The credibility of our officers is eriical, so much so that LMPD will be required to place you on its “Brady’ list to be provided to any defendant against whom you may be required to testify as a witness of investigator, This strike against your credibility will jeopardize any criminal investigation in which you are involved. ‘The result of your actions seriously impedes the Department's goal of providing the citizens of our city with the most professional law enforcement agency possible. | have based my decision on. the evidence provided in relation to the Professional Standards review of this incident. It is reasonable for me to expect an officer to tell the truth in sworn testimony to a judge. That standard has been set and upheld by thousands of officers who have worn, currently wear, and wil wear this badge in the future. The evidence in this case revealed a sustained uniruthfuiness. Violation based on information included in an affidavit completed by you and submitted to a judge, Itis my decision to terminate your employment based on that evidence, Pursuant to Louisville Metro Police Merit Board Rules and Regulations 9.3(4), “Any police officer removed, suspended, lald off, reduced in grade or reprimanded by the Chief shail be allowed a period of ten (10) days from the date of notice from the Chief to file a written response to the disciplinary action which shal be made @ part of the officer's permanent personnel record in the Police Department, No trial or examination of witnesses shall be required in any such case except al the discretion of the Chief.” Pursuant to Louisvile Metro Police Merit Board Rules and Regulations 9.3(4), ‘Disciplinary action taken by the Chief involving suspension, demotion, or cismissal of any permanent officer shall be subject to review by the Board on an appeal by the employee. if such a review is requested in wring, within ten (10) éays from the effective date of the disciplinary action, the Board shall Schedule and conduct @ publ hearing to review the action of the Chief subject to the Hearing Procedures of the Board and applicable statutes.” Pursuant to Section 10.1(2) of the Louisville Metro Police Merit Board Rules and Regulations, an ‘appeal requesting the Louisville Metro Police Merit Board (the “Board’) to review my action in this ‘case must be made in writing to the Board with @ copy to me within ten days of the effective date of the disciplinary action set forth in this letter, and must include a statement of the grounds for ‘appeal. ‘Once an appeal for review is properiy filed, the Board will schedule @ public hearing to review the disciplinary action set forth in this letter pursuant to Section 9.2(4) of the Lovisvile Metro Police Merit Board Rules and Regulations. A copy of the Louisville Metro Police Merit Board Rules and Regulations may be obtained from the Board. The rules are also available at: rea inte fumenfaseuter/ciiseviclPoiceNe IboardesaneRequatons od. Sincerely, Letter Yue tg Genty j Chiet br PeDetective J, Jaynes January 5, 2021 Page 3 Yonpsrdng Co; Lieutenant Colonel A. MeClinton Major J. Schwab Michael O'Connel Wm. Dennis Sims Professional Standards Unit Human Resources ‘Metro Human ResourcesLOUISVILLE METRO POLICE DEPARTMENT YVETTE GENTRY GREG FISCHER MAYOR CHIEF OF POLICE December 30, 2020 Lieutenant Shawn Hoover #6340 Criminal interdiction Division Professional Standards Case: 20-026 Dear Lieutenant Hoover: (On July 24, 2020, an investigation was initiated pursuant to KRS 676-326 concerning gry violation of the Louisvile Metro Police Deperiment’s rules, standards, policies and procedures in regard to your involvement in the preparation, execution and ‘conduct after Presta involved shooting at 3003 Springfield Drive #4 on March 13, 2020, ‘he re otrvonal ‘Standards Unit investigation has been completed. The following Is the eeetit and my final action in regard to my subsequent investigation into this matter. Violations of: ‘Standard Operating Procedure 8.12.3 Responsiolities of Commanding Officers -Exonerated Due to the above findings, there will be no disciplinary action taken and the complaint will be dismisses. Sincerely, (ston —— frek cemy ct of Police YGMDSidng Ce: Lt Colonel A. McClinton Wm. Dennis Sims Professional Standards Unit 633 WEST JEFFERSON STREET LOUISVILLE, KENTUCKY 40202 OFFICE PHONE: $02-574-7660 FA: 502-874-2450LOUISVILLE METRO POLICE DEPARTMENT GREG FISCHER YVETTE GENTRY MAYOR CHIEF OF POLICE December 30, 2020 ‘Sergeant Kyle Meany #7140 Criminal Interdiction Division Professional Standards Case #20-026 Dear Sergeant Meany: On November 9, 2020, an investigation was initiated pursuant to KRS 67C.326 concerning any Violations of the Louisville Metro Police Department's rules, standards; policies and procedures in Tegard to your involvement in the preparation and submission of the Risk Assessment Matrix Josumentation required for the service of the search warrant at 003 Springfield Drive #4. The Professional Standards Unit investigtion has been completed. The following is the result anc my final action In regard to my subsequent investigation into this matter. Violations of: Standard Operating Procedure 8.1.13 Risk Assessment Matrix/SWAT Team Response “Sustained Due to the above “Sustained! finding, this letter wll serve as a letter of reprimand. The effective Gute ofthis discipline i the date of this letter. You violated Standard Operating Procedure 8.1.13 isk Assesement MatrivSWAT Team Response when you faled to forward the Risk Assessment ‘Matrix through your chain of command on or before Merctr$-2026. ‘7 Maser \3, 2020. This conduct cited above warrants discipline. It is clear you have violated this policy of the Tosevile Metro Police Department. | consider the reprimand to be both appropriate and Feceseary o the maintenance of good order and discipline within the Department. Pursuant to Louisville Metro Police Merit Board Rules and Regulations 9.9(3), “Any police officer Fomoved, suspended, iid off, reduced in grade or reprimanded by the Chief shal be allowed period of ten (10) days from the date of notice from the Chief to fle @ writen response to the Ecipinary action which shall be made @ part ofthe office's permanent personne! recordin the Poles Department. NO tial or examination of witnesses shell be required in any such case except atthe discretion of the Chie.” Sincere, Await yet centy ae Chief of Police 633 WEST JEFFERSON STREET LOUISVILLE, KENTUCKY 40202 OFFICE PHONE, 502-574-7660 Fax: 502-574-2450LOUISVILLE METRO POLICE DEPARTMENT GREG FISCHER YVETTE GENTRY MAYOR CHIEF OF POLICE December 30, 2020 ‘Sergeant Jon Mattingly #2465 Criminal Interdiotion Division Professional Standards Case: 20-026 Dear Sergeant Mattingly: (On March 13, 2020, an investigation was initiated pursuant to KRS 67C.326 concerning any violation of the Louisville Metro Police Depariment’s rules, standards, policies and procedures in regard to your involvement in the officer involved shooting on March 13, 2020 at 3003 Springfield Drive #4. The Professional Standards Unit investigation has been completed. The following is the result and my final action in regard to my subsequent investigation into this matter. Violations of: ‘Standard Operating Procedure 9.1.13 Use of Deadly Force -Exonerated Standard Operating Procedure 9.1.3 De-escalation -Exonerated Due to the above findings, there will be no disciplinary action taken and the complaint will be dismissed, Sincerely, (ase Veit © Yvette)Gentry Chief of Police YGmwoSsidng Co: Lt. Colonel A. McClinton ‘Wm. Dennis Sims Professional Standards Unit 633 WEST JEFFERSON STREET LOUISVILLE, KENTUCKY 40202 OFFICE PHONE: 502-574-7660 FAK: $02-574-2450LOUISVILLE METRO POLICE DEPARTMENT YVETTE GENTRY GREG FISCHER MAYOR CHIEF OF POLICE December 30, 2020 Detective Wesley Barton #7069 ‘Major Crimes Division Professional Standards Case: 20-026 ‘Dear Detective Barton: On November 19, 2020, an investigation was initiated pursuant to KRS 670.396 oe eve any vidlation of the Louisville Metro Police Department’ rules, standards policies and procedures in regard to your involvernent in the creation and submissir of Poerisk Assessment Matrix documentation required in the preparation for service of he |. The Professional Standards Unit search warrant at 3003 Springfield Drive #4. frestigation has been completed. The following is the result and my final action regarding my subsequent investigation into this matter. Violations of: Standard Operating Procedure §.1.5 Truthfulness/Untruthfulness -Not Sustained Due to the above findings, there wil be no disciplinary action taken and the complaint will be dismissed. Chief of Police YGMDS/dng Ce: Lt. Colonel A. McClinton Major J. Hasch Wm. Dennis Sims Professional Standards Unit 633 WEST JEFFERSON STREET LOUISVILLE, KENTUCKY 40202 OFFICE PHONE: $02-574-7660 FAX: 502-574-2450GREG FISCHER MAYOR LOUISVILLE METRO POLICE DEPARTMENT YVETTE GENTRY CHIEF OF POLICE December 30, 2020 Detective Anthony James #2522 Criminal interdiction Division Professional Standards Case #20-026 Dear Detective Jamies: On September 1, 2020, investigations were initiated pursuant to KRS 67C.326 concerning any Violations of the Louisville Metro Police Department's rules, standards, policies and procedures in regard to your involvement in a officer involved shooting at 3003 Springfield Drive #4 on March 13, 2020. The Professional Standards Unit investigation has been completed. The following is. the result and my final action in regard to my subsequent Investigation into this matte. Violations of: Standard Operating Procedure 4.31.6 Procedures (WVSIBWC) “Sustained Due to the above “Sustained” findings on January 8, 2021, you will began serving a suspension wuithout pay from the Loulsvile Metro Police Depariment for a total of 8 hours (1 day) for the Shove violation. The effective date of this discipline is the date of this correspondence You violated Standard Operating Procedure 4.31.6 Procedures (WVS/BWC) when you failed to aclivale your WIVS. in reoording mode, prior to your engagement in this law enforcement ‘encounter on March 13, 2020. ‘The conduct cited above clearly warrants discipline. itis clear you have violated this policy of the Louisville Metro Police Department. | consider the suspension to be both appropriate and necessary to the maintenance of good order and discipline within the Department. Any further violations of this nature will warrant progressive discipline. Sincerely, (Qe a Police 633 WEST JEFFERSON STREET LOUISVILLE, KENTUCKY 40202 OFFICE PHONE, $02-574-7660 Fax: 502-574-2450LOUISVILLE METRO POLICE DEPARTMENT YVETTE GENTRY GREG FISCHER CHIEF OF POLICE ‘MAYOR December 30, 2020 Detective Michael Campbell #2186 Criminal interdiction Division Professional Standards Case #20-026 Dear Detective Campbell: (On September 1, 2020, investigations were initiated pursuant to KRS 670.326 concerning any vVolations of the Louisville Metro Police Department's rules, standards, policies and procedures in Tegerd to your Involvement in a officer involved shooting at 3003 Springfield Drwe #4 on March 13, 2020. ‘The Professional Standards Unit investigation has been completed. The following Is the result and my final action in regard to my subsequent investigation into this matter. Violations of: ‘Standard Operating Procedure 4.31.6 Procedures (WVSIBWC) “Sustained Due to the above “Sustained” findings on January 8, 2021, you will began serving a suspension without pay from the Louisville Metro Police Department for a total of 8 hours (1 day) for the ‘bove violation. The effective date of this discipline is the date of this correspondence. You violated Standard Operating Procedure 4.31.6 Procedures (WVS/BWC) when you failed to activate your WVS in recording mode, prior to your engagement in this law enforcement ‘encounter on March 13, 2020. “The conduct cited above clearly warrants discipline. It is clear you have violated this policy of the Louisville Meo Police Department. | consider the suspension to be both appropriate and necessary to the maintenance of good order and discipline within the Deparlment. Any further Violations of this nature will warrant progressive discipline. Sincerely, velip Gentry Chigf of Police 633 WEST JEFFERSON STREET LOUISVILLE, KENTUCKY 40202 OFFICE PHONE: 502-574-7660 Fax, 502-574-2450MEMORANDUM LOUISVILLE METRO POLICE DEPARTMENT GREG FISCHER Warr YWETTE GENTRY CHEF OF OLE TO: Detective Myles Cosgrove #7519 Criminal interdiction Division FROM: Yvette Gentry Chief of Police DATE: December 29, 2020 RE: PRE-TERMINATION OPPORTUNITY TO RESPOND SUMMARY OF SUSTAINED VIOLATIONS: The attached document summarizes the sustained violations against you. This document further indicates my current intention to terminate your employment with the Louisville Metro Police Department. INTENDED ACTION: TERMINATION FROM EMPLOYMENT You have been advised of the sustained violations against you and my intended action. This is to advise you, you will have an opportunity before me and my selected staff to respond to the intended action, address the factual determinations set forth in the attached correspondence, and to further explain your side of this matter on December 31, 2020 at 0900 hours. You may have an attomey or union representative with you if you so desire. SON STREET LOUISVILLE, KENTUCKY 40202 St JEFFE OFFICE PHONE jo50 FAX 802575GREG FISCHER Savor YWETTE GENTRY ChEF OF POLICE TO: FROM: DATE: RE: MEMORANDUM LOUISVILLE METRO POLICE DEPARTMENT Detective Joshua Jaynes #7627 Criminal interdiction Division Yvette Gentry Chief of Police December 29, 2020 PRE-TERMINATION OPPORTUNITY TO RESPOND SUMMARY OF SUSTAINED VIOLATIONS: The attached document summarizes the sustained violations against you. This document further indicates my current intention to terminate your employment with the Louisville Metro Police Department. INTENDED ACTION: TERMINATION FROM EMPLOYMENT You have been advised of the sustained violations against you and my intended action. This is to advise you, you will have an opportunity before me and my selected staff to respond to the intended action, address the factual determinations set forth in the attached correspondence, and to further explain your side of this matter on December 31, 2020 at 0930 hours. You may have an attorney or union representative with you if you so desire,