This is wrong on several levels.
*******************************************
"Kentucky State Police are investigating the shooting and Lexington police told the Herald-Leader the release of any additional information would have to be approved by the state agency. Lexington police declined to answer several questions about the shooting during a press conference Wednesday after providing a news release.
"'At a later point in time, Kentucky State Police will be able to provide a little additional (information), maybe,' Lexington Sgt. Donnell Gordon said Wednesday. 'It's up to them.'
"But state police have declined to provide information that they have previously released while investigating other officer-involved shootings in Lexington.
"'The investigation remains ongoing and is being handled by KSP's Critical Incident Response Team,' Trooper Matt Sudduth told the Herald-Leader Friday. 'In accordance with the standard operating procedure, KSP will not be releasing any further details while the investigation remains open. Timelines to complete investigations vary based on the complexity of the case.'
"State police have previously released the names of officers and victims in officer-involved shootings before their investigation is complete. Officials identified Lexington police officer Franklin Epley and Ryan D. Jones less than one week after Epley shot Jones on May 1 this year. Jones allegedly fired a gun at Epley before Epley returned fire and shot him.
"Police also publicly identified Lexington police officer Miller Owens and suspect Darion Worfolk one day after Owens shot Worfolk on July 31, 2020. Worfolk was allegedly carrying a gun and fled Owens before Owens shot him.
"Police also haven't said if the 31-year-old suspect was armed Wednesday or fired at law enforcement officers before they shot at him. Lexington Police Chief Lawrence Weathers said that information would be determined through the investigation. Weathers also declined to release which homicide investigation the 31-year-old man was connected to.
'It all falls under KSP,' Gordon said Friday. 'We release when they advise us they are ready to release information.'"
******************************************
"Standard Operating Procedures" are *not* statutory exceptions authorizing nondisclosure of public records. This response violates KRS 61.880(1), requiring citation to one or more exception(s) and an explanation of how the exception(s) apply to the records withheld.
And LPD cannot abdicate it's KORA duties to KSP. Assuming The H-L submitted its request to LPD, LPD is obligated to honor the request or deny the request based on a KORA exception—not to deflect the request to another agency.
LPD may invoke an exception to KORA in consultation with KSP—for example, the law enforcement exception or privacy exception. But LPD must meet its burden of proving that denial is proper under the exception(s), and neither exception has successfully been invoked to deny the officer's identity.
