Man stopped by citizens, police heading toward Louisville bar with gun sentenced

LOUISVILLE, Ky. (WDRB) – A man arrested in 2021 while allegedly returning to a Highlands neighborhood bar with a gun following an argument earlier in the night pleaded guilty to wanton endangerment on Thursday but will avoid any more prison time.

Carmon Tussey was originally charged with terroristic threatening, disorderly conduct and multiple counts of wanton endangerment. The terroristic threatening and disorderly conduct charges were dismissed.

On Thursday, Tussey pleaded guilty in Jefferson Circuit Court to three counts of wanton endangerment and was sentenced to two years in prison. With time already served, Tussey will face no more time and is a free man.

Tussey was facing up to 20 years in prison.

If he has no contact with the prosecuting witnesses and no new offenses in the next 30 months, the charges will be set aside and dismissed.

"I think the end resolution of this case represents the commonwealth attorney's acknowledgement that they would not be able to prove any terroristic threatening charges at trial," said attorney Greg Simms, who represents Tussey. "This is fair for all parties involved. He's making some great strides since this happened, and I'm confident he'll be in a much better position going forward."

Officers and bystanders were immediately hailed when Tussey was arrested June 5, 2021, with police saying he could have potentially "harmed or killed dozens of people" after an argument with some bargoers at O'Shea's Irish Pub earlier in the evening.

He was stopped by people outside the bar and subdued by police, who wrestled the weapon from him. All were later credited with preventing a possible mass shooting.

But Simms has argued it is legal to carry a gun in public places in Louisville and “police could not articulate any illegal activity on the part of Tussey prior to arresting him,” according to court records. In addition, Tussey was not pointing the weapon at anybody.

Kentucky made it legal in 2019 to carry a gun in public without a permit.

In his arguments, Simms notes that Tussey never entered the bar, and there is no evidence he broke the law while on the sidewalk with a weapon.

Prosecutors have claimed Tussey was not only moving quickly toward the crowded bar with a long rifle "in the ready position" but earlier had asked the same officers who were patrolling the area "what type of bullets would penetrate their safety vests."

When the officers approached the scene, "they observed a group of people restraining (Tussey) and attempting to remove the firearm from his hands," Assistant Commonwealth's Attorney Ryan Olberding wrote June 23.

When arrested, police said Tussey told officers he "should have just shot."

The Tussey case comes amid a spate of mass shootings across the nation as lawmakers grapple with how to balance Second Amendment rights with the safety of citizens.

Patrons of the bar that night say after an argument, Tussey said "I'll be back" as he left.

Previously, in 2017, Tussey was acquitted of a murder charge in the slaying of a St. Matthews man.

In the recent case, LMPD said Officers John Moore and Kerry Ball were working an overtime detail along Baxter Avenue that Saturday when they saw Tussey running by. The two officers — along with several civilians — disarmed Tussey and took him into custody around 2:50 a.m., according to police.

And, Simms argued, the arresting officers did not initially recognize Tussey as the man who had asked them what type of bullets their vests would stop.

He said police testified they believed at the time the question was just "general passing conversation."

"Tussey was simply carrying a firearm, pointed at the ground, and not making any threats to any person," Simms wrote.

His alleged statement that he should have "just shot" came before he was read his rights and should also be thrown out, Simms has argued.

"The conduct Tussey engaged in, prior to his arrest, was protected by the Second Amendment and Kentucky Constitution," Simms concluded. "If Tussey's arrest were lawful, police may arrest any person carrying a gun in the Commonwealth of Kentucky, and that is simply not the case."

This story may be updated.