Constable changes story of what happened during shoplifter shooting

Louisville, KY (WDRB) -- As a Jefferson County Constable is arraigned in court for shooting a suspected shoplifter, we're learning new details about what happened that day.

Constable David Whitlock pleaded not guilty to assault and wanton endangerment charges. The judge ordered him not to possess a firearm and to have no contact with alleged shoplifter Tammy Ortiz, the woman he shot at a local Walmart.

His attorney Brian Butler says, "It's tough obviously for his family. He just got indicted a week ago. Now, in court today all of you guys are here and the community is focused right now on this case."

In court documents just released, he gave different stories of what happened.

911 says, " Nobody was shot?" Whitlock replies, "I don't know. She, I don't think so, no. She tried to hit me with her truck. I shot and my gun discharged inside the window, and she didn't look like she was shot, but she took off in the pickup truck."

In his second 911 call, Whitlock says "I was hit by a vehicle and I had to discharge my weapon....When she hit me, my finger was on the trigger and I discharged the weapon, and I shot the lady, apparently from witnesses, in the arm."

In a police interview, he couldn't give a clear answer when investigators asked if he intended to fire his weapon or if it just "went off." Whitlock says he doesn't remember, but when pressured he finally says it was an accident.

Butler says, "I think what he said was he didn't mean to discharge the weapon. That's what the discovery said and he's pretty clear about that."

Asst. Commonwealth's Attorney Tom VanDerostyne says, "Obviously at some time, there will be an offer made to Mr. Whitlock. I can't tell you what that may be. That would be Mr. Stengel's decision."

Police say video and witness accounts don't support that Ortiz hit Whitlock. An emergency room nurse says it didn't appear his foot was run over. But a doctor says he was hurt and was prescribed medication for his injury.

In Ortiz's 911 call, she says " ... the gun went off when they tried to stop me after they shot me. I ain't done anything."

Butler says, "He's facing a charge that could take away his freedom, it's tough."

Within the next week, Whitlock will be fingerprinted and will get a mug shot. But he will not have to post his $10,000 bond or go to jail. He'll only have to pay it, if he violates the judges' orders.