COVINGTON, Ky. — No charges will be filed against the Covington police officer who shot and killed a man earlier this month.
Kenton County Commonwealth's Attorney Rob Sanders said he found no probable cause to believe Officer Ethan Livingood violated any laws when he shot and killed Garren Patty on July 9, saying Livingood "found himself in a literal fight for his life."
Body camera footage released Wednesday shows Livingood arrive at the 1900 block of Glenway Avenue after receiving a report of a suspicious person.
He yells out, "Hey bud, what's going on?" Patty responds, and Livingood asks, "You OK? Are you OK?"
Livingood asks Patty to have a seat on the side of the road so they can talk. Patty does not sit down, instead walking toward the officer and speaking incoherently. Livingood points his taser at Patty, who then begins running toward the officer.
Body camera footage shows Livingood using his taser on Patty, who continues to run after him and appears to swing. Livingood falls on the street and yells, "Help! Get off, dude! Get off! Stop! Get off!"
Livingood then yells, "He's got my gun!" His body-worn camera is pointed at the sky as he is on the ground, not showing what he said was Patty's attempt to take his gun.
Sanders said Patty's hands were on the side of Livingood's gun when the first shot is fired. Multiple gunshots can be heard as Livingood gets off the ground, firing at Patty.
"Shots fired! Multiple shots! Multiple shots!" Livingood yells as Patty lays on the ground in front of him.
Officials said Livingood fired seven shots and hit Patty in the neck, arm, lungs and abs. Patty was taken to UC Medical Center, where he later died.
Sanders said Livingood was justified in his use of deadly force, noting that Livingood was not attempting to arrest Patty or use his gun before Patty became "the aggressor and charged the officer, wildly punching him."
"After two (taser) deployments failed to deter Patty's advance and the subsequent assault, it was reasonable for Livingood to believe only deadly force would stop the attack," Sanders said in a release. "Upon Patty's attempt to disarm him, Livingood definitely had a reasonable fear of being shot and killed if Patty successfully obtained the handgun."
Sanders said officials are still awaiting a toxicology report from Patty's autopsy.
Patty's mother said she was heartbroken by what she saw in the body camera footage. She said she adopted Patty when he was 7, and while she believes he was dealing with undiagnosed mental health issues, she said he was mostly a loving person who was trying to get his life back on track.
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