LOUISVILLE, Ky. (WDRB) -- A Louisville Metro Police officer who said he accidentally shot two teenagers who were accused of illegally entering a garage on a vacant property last February will not face criminal charges but has been suspended 20 days for violating firearm safety procedures.

Officers were called to the 800 block of South 38th Street on Feb. 23, 2023, on a report from a community member that several juveniles had illegally entered a garage on vacant property in what was believed to be a stolen car.

When Officer Brendan Kaiser arrived to the closed garage, he withdrew his weapon and the garage opened with the teens running out, according to a summary of the investigation obtained through an open records request. While on his way in, Kaiser tripped and fell into several of the juveniles, causing him to fire a shot that hit two of the teens.

"As you fell, you tried to catch yourself and accidentally discharged your firearm striking two of the juveniles," Police Chief Jacquelyn Gwinn-Villaroel said in a memo to Kaiser on Jan. 25. "Your actions were unsafe."

The chief sustained one violation of '"care of firearms" procedures with a punishment of 20 days of unpaid suspension. 

In December, the police department decided not to charge Kaiser following the recommendation of the Jefferson Commonwealth's Attorney's office, which determined that Kaiser accidentally fired his weapon and didn't intentionally hurt anyone as officers entered the garage and the teens ran out.

Assistant Commonwealth's Attorney Alex Dathorne reviewed possible charges of assault 1st and 2nd degree and wanton endangerment but wrote that Kentucky law "does not contemplate accidental conduct within their purview that may result in a criminal charge."

"This event occurred in an instant," Dathorne wrote to police on Nov. 27, according to a memo obtained by WDRB News. "This resulted in Officer Kaiser discharging his round from his service weapon. There is no indication from the investigatory record that Officer Kaiser acted in an intentional or wanton manner, the discharge of his service weapon was unintentional. There is no evidence that points to the contrary."

The case is similar to that of Officer Sarah Stumler who shot an unarmed man in an abandoned house in March 2017 but said she accidently shot him while attempting to turn on a flashlight mounted on her weapon. No charges were filed after that case was submitted to a Jefferson County grand jury. She was suspended for ten days after an internal investigation concluded she violated policy in being careless with her gun.

Bruce Warrick survived the shooting but spent several weeks in the hospital. The shooting cost the city $1.8 million to settle a lawsuit filed on behalf of Warrick.

Kaiser said he initially did not know his weapon had fired. But an hour later, LMPD said Norton Children's Hospital informed officers that a teenage boy was transported there by private means with a non-life-threatening gunshot wound. Another juvenile was injured by the same bullet.

The internal police investigation found Kaiser should not have rushed toward the juveniles with his firearm drawn "resulting in the confrontation of multiple suspects, was tactically unsafe and imprudent/careless," according to the police investigation obtained through open records requests. 

A civil lawsuit filed against Kaiser is pending. 

The investigation also points out that Kaiser was suspended 32 hours in July 2022 for violations of de-escalation and courtesy policies. The records do not include details of that incident.

Kentucky Crime Coverage:

This story may be updated.

Copyright 2024 WDRB Media. All Rights Reserved.