Louisville officer violated policy before 2023 fatal police shooting, Inspector General finds

LOUISVILLE, Ky. (WDRB) -- A Louisville Metro Police officer violated policies in the 2023 shooting death of a man, according to a report from Louisville's Office of Inspector General, contradicting LMPD's exoneration of the officer.

LMPD said James Monti, 47, was lying in an alley off Frankfort Avenue when he pointed a gun at Officer Roberto Cedeno on Aug. 3, 2023. Body camera video shows Cedeno fire his gun and hit Monti in the neck. Monti was taken to UofL Hospital, where he was pronounced dead.

In a report released July 17, Inspector General Ed Harness concluded Cedeno "did not comply with LMPD policies on use of force and de-escalation.

"While the threat posed by Mr. Monti was real, the officer's actions and failure to comply with policy contributed to the fatal outcome. The OIG does not concur with the (the police department's) exoneration and recommends corrective action through training and policy reform."

The report expressed concern about the challenges veterans face transitioning from military to civilian policing roles, noting that Cedeno is a veteran.

Cedneo's response "reflected a combat-oriented approach rather than a civilian enforcement approach," according to the report, which noted he officer crossed a known 'kill zone' after a weapon malfunction and did not retreat to cover or switch to sidearm.

The Courier Journal reported that during a July 23 OIG meeting, Harness said “If you took this situation and you put it in Fallujah, then there’s no question about the use of force in this case,” referencing the Iraqi city where American troops fought pitched battles with insurgents in 2004. “The engagement standards are different.”

The office recommended LMPD enhance training and support for veterans.

But LMPD responded Thursday disagreeing with the findings from the OIG and providing a March 6, 2024 letter from the Jefferson Commonwealth's Attorney's office that concluded "all of the evidence in the investigation indicates that Officer Cedeno's actions were consistent with the laws of self-protection and protection of others."

A letter from Chief Paul Humphrey to Harness on Thursday argued "Cedeno performed exactly as we expect any officer to perform in that situation."

Also in its response, LMPD asked for an explanation of Harness' previous report from February, claiming there were "significant changes in the amount of detail and the findings" between the February and July reports. LMPD says the February report "is much more descriptive" and the findings "concur with the PSU recommendations of exoneration on both the Use of Deadly force, and De-Escalation."

Harness' February report concluded that his investigation found "no discrepancies or issue within the PSU or PIU case file," concurring with the PIU, PSU and the Jefferson Commonwealth's Attorney's Office "decision not to pursue the matter."

In an interview, Harness said the February report was "posted in error" and not a completed document but rather a draft.

"When we saw it we immediately pulled it," he said, adding that the report was never sent to LMPD.

As for Humphrey's reaction to the findings, Harness said, "I completely stand by what we detail in our report."

Harness highlighted how Cedeno didn't give any commands to Moni after spotting him in an ally with a gun.

VIDEO | LMPD releases bodycam footage of officer shooting armed suspect in Clifton

The shooting happened Aug. 3.

Instead, Cedeno attempted to fire, but his rifle malfunctioned. The officer cleared his weapon and moved across the alley opening fire on Moni without giving him any warning to surrender.

LMPD exonerated Cedeno in May.

The board recommended multiple changes by the department:

Create a roll-call training video highlighting de-escalation techniques and tactical pause strategies as recommended by the Performance Review Board.
Review and revise LMPD's training protocols for officers with military backgrounds.
Update SOPs to include guidance on weapon malfunctions and appropriate responses.
Amend PSU investigative protocols to allow examination of the totality of events.

Humprhey disagreed with many of the findings.

"LMPD believes Officer Cedeno performed admirably and within policy in this situation," he said in the letter Thursday.

While the Office of Inspector General provides oversight over the police department and can make recommendations for change, it doesn't have the ability to impose any discipline.

Cedeno resigned in April amid a department investigation and was then indicted on nine charges including stalking, tampering with public records and violating an interpersonal protective order.

According to his arrest warrant, Cedeno's ex-girlfriend filed an IPO against him March 17.

Later on the same day he resigned, Cedeno went to the Canary Club, a bar in Louisville's Shelby Park neighborhood, after the victim posted a picture on social media. When Cedeno arrived there, the two made eye contact before the victim left but remained in the area, police said.

According to the arrest warrant, Cedeno stayed for about two hours and was seen on multiple surveillance cameras walking around the bar and moving his car to multiple locations within 500 feet of the building.

And when the victim left the area, she drove past Cedeno's car, and he began following her, police said.

The victim then filed a police report, and, three days later, on April 11, LMPD said Cedeno was arrested for violation of the IPO.

Court records show Cedeno has posted bond. The case is still pending.

GRAPHIC: Louisville police release body camera video of officer shooting, killing man in Clifton