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LOUISVILLE, Ky (WDRB) –  An Oldham County family has filed a lawsuit against Kentucky State Police and two troopers, claiming they negligently fired a bullet into the family’s home, narrowly missing their oldest daughter.

The lawsuit, filed Dec. 20 in Oldham Circuit Court, claims the two troopers who lived in an apartment above the family “recklessly” fired a bullet through their floor into the home of William and Kesheanna Todd and their four children on Nov. 16.

“I was, like, freaked out,” said Kay’leah Todd, 11, at the time. She was just feet from where the bullet hit. “We were just watching TV and all I hear was it just sounded like a firecracker went off.”

The troopers named in the lawsuit, Dustin Gross and Landon Terry, told the Oldham County Sheriff’s Office that they “thought it was empty and the trigger was pulled (and) the rifle went off because there was a round in the chamber,” according to an incident report.

Following the incident, the troopers “did not even bother to check on the safety and well-being” of the family, according to the lawsuit.

William Todd even knocked on the officers’ door, and they didn’t answer, the family said in an interview in November.

The troopers graduated from the training academy in October.

KSP Sgt. Josh Lawson said Terry and Gross immediately went on leave as an investigation into the incident began.

He said the troopers are back on active duty now and the internal investigation is nearly completed.

Lawson said the weapon was a "personally owned firearm" that was "accidentally discharged while they were off duty."

The lawsuit, filed by attorney Bradley Harville, claims the troopers were acting within the scope of their duties with KSP.

Lawson said he could not comment on pending litigation. 

The lawsuit is seeking a jury trial and unspecified monetary damages.

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Digital Reporter

Jason Riley is a criminal justice reporter for WDRB.com. He joined WDRB News in 2013 after 14 years with The Courier-Journal. He graduated from Western Kentucky University. Jason can be reached at 502-585-0823 and jriley@wdrb.com.