Lady Justice
FRANKFORT, Ky. – Kentucky cops cleared of wrongdoing for shooting a man they believed had opened fire in a Louisville grocery store have also defeated a wrongful-death lawsuit.
The state Court of Appeals on Jan. 16 tossed the case
brought by the Estate of Shelby Gazaway, who was seen in 2019 holding a gun while exiting a Kroger after reports of an active shooter. Louisville Metro Police Department officers Patrick Norton and Alex Dugan say they returned his gunfire, which led to Gazaway’s death.
The Commonwealth Attorney’s Office found they reasonably used deadly force, but the civil lawsuit alleged otherwise.
“To review, the officers were in the process of responding to an ‘active shooter’ notification from dispatch, one of the highest levels of emergency,” Judge Audra Jean Eckerle wrote.
“It was unknown if there were casualties inside the Kroger. It was reasonable for Norton to assume that if Gazaway had opened fire inside a crowded supermarket, Gazaway might also open fire into the crowded parking lot outside of it, and that it was thus necessary to grab Gazaway’s attention.”
The incident occurred on Nov. 7, 2019, when several shoppers called 911 to report a shooter. The description was a 6-foot Black man wearing a red jacket or hoodie.
Norton and Dugan observed customers fleeing into the parking lot, then a man fitting the description casually walking into the parking lot. Norton shouted “Hey! Hey!” at Gazaway, who pointed his gun toward Norton.
It is not clear who fired the first shot. Norton shot from behind a brick pillar while Dugan discharged his rifle. Kroger surveillance showed Gazaway had been walking toward an SUV whose engine was running.
He apparently fired four shots during the shootout with cops. Semone Carter filed suit, and the officers responded that they had used deadly force as a discretionary act of law enforcement responsibilities and were entitled to immunity.
Considering Gazaway had lifted his gun, Norton was right to believe Gazaway was a threat to the officers and customers, the court ruled. Who shot first is irrelevant, it added.
