LOUISVILLE, Ky. (WDRB) -- The Nowhere Bar employee who was involved in an altercation outside a Bardstown Road establishment that left one man dead acted in self-defense, according to prosecutors with the Commonwealth's Attorney Office.
In a letter to detectives with the Louisville Metro Police Department obtained by WDRB News, Assistant Commonwealth's Attorney Ryane Conroy said the employee's conduct was "not criminal in nature" and deemed a "legally proper use of physical force in self-protection" as defined by KRS 503.050. No charges will be filed in the case.
"The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person," a portion of the state statute says.
In the letter, Conroy told detectives she reviewed written investigative records, body camera footage, other videos from the incident and all of the witnesses statements from individuals interviewed by LMPD's Homicide Unit before making her decision.
Christopher McKinney, 35, died of blunt force injuries after the altercation in early January, according to the Jefferson County Coroner's office.
Sgt. Lamont Washington with the Louisville Metro Police Department said investigators determined that McKinney and the bar employee got into a fight after McKinney was "escorted out of the business due to unruly behavior." Police found McKinney unresponsive outside the bar just after 1 a.m. on Jan. 5.
"Through multiple interviews that were conducted, at no time did any information arise that would lead us to believe that this incident should be categorized as a hate crime," Washington added.
Witnesses who saw CPR being performed on McKinney told WDRB News the man was "belligerently drunk" and that the incident happened near the front door of the bar.
"The lady that was standing outside was just like, 'The security guard was fighting on a guy,'" Tim Koufax told WDRB in the days following the altercation. "I saw them transport him onto the ambulance and from what he looked like, it was just scary. I didn't know if he was alive or dead or anything."
After McKinney's death, Nowhere Bar released a statement offering its "deepest sympathies" to McKinney's family.
"Due to the pending police investigation, we are unable to comment or provide more details on the tragic incident that occurred on Sunday morning," the statement said. "We are fully cooperating with the authorities as well as conducting our own internal investigation into what exactly occurred, as it is always our number one priority to provide a safe environment for all of our customers."
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