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The 42-year-old was indicted on Tuesday and later arrested at his Oldham County home.
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At attorney for Ofc. Chris Lane says the shooter should never have been loose.
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Officer Chris Lane claims state corrections employees knew Keyshaun Stewart violated his parole and should not have been out in public at the time of the shooting.
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Keyshaun Stewart was indicted Monday on several charges, including murder, assault, criminal attempted murder of a police officer, and wanton endangerment.