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The Kentucky State Police today announced that video of a Louisville Metro Police officer shooting and killing a man during a traffic stop last week in the Portland neighborhood will be released Monday.

A KSP spokesperson said "initial interviews of critical witnesses" are complete but did not specify what time the video would be released Monday.

Mayor Greg Fischer's spokesperson acknowledged that "The transition from having LMPD lead the investigation to KSP is revealing differences in policies and practices."

Policies and practices do not, however, govern release of body worn camera video. Enacted in 2018, KRS 61.168 does.

Subsection (5) of that statute states that if the "recording contains video or audio footage that:

(a) Depicts an encounter between a public safety officer where there is a use of force, the disclosure of the record shall be governed solely by the provisions of KRS 61.870 to 61.884, including all of the exceptions contained therein;

(b) Depicts an incident which leads to the detention or arrest of an individual or individuals, the disclosure of the record shall be governed solely by the provisions of KRS 61.870 to 61.884, including all of the exceptions contained therein;

(c) Depicts an incident which is the subject of a formal complaint submitted against a public safety officer under KRS 15.520, 67C.326, or 95.450, or depicts an incident which is the subject of a formal legal or administrative complaint against the agency employing the public safety officer, the release of the record shall be governed by the provisions of KRS 61.870 to 61.884, including all of the exceptions contained therein."

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47987

Policies and practices must conform to the law. The law cannot be adapted to conform to policies and practices.

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