Family of Shooting Victim Settles Suit With Louisvile Officer

LOUISVILLE, Ky. (AP) - The family of a 19-year-old man fatally shot by Louisville police in 2004 has settled a federal lawsuit against the officer who pulled the trigger.

Attorneys for Louisville Metro Government and the family of Michael Newby reached a $250,000 settlement, Bill Patteson, a spokesman for the Jefferson County Attorney's office, said Friday.

"Metro government is pleased to have this matter resolved and we think it's reasonable," Patteson said.

Newby was shot and killed by former Louisville Officer McKenzie Mattingly after an undercover drug deal went bad. Newby was shot three times in the back.

Angela Bouggess, Newby's mother, said she felt a "huge amount of weight" off her shoulders when the settlement was reached.

"It was totally a relief for me, because I felt like I was ready to get on with my life, and there's no amount of money large or small (that) would pay for my son's life," Bouggess said.

Newby's death marked the crest of rising racial tensions in Louisville after a string of fatal incidents involving white police officers and black suspects.

"There has not been a police incident since that that involved a black teenager that was this controversial," said Christopher 2X, a spokesman for Newby's family.

Mattingly, an undercover narcotics detective, was fired after he was indicted on a murder charge, but a jury later acquitted him during a high-profile trial in September 2004.

Mattingly was waiting for a drug buy in an undercover vehicle when he encountered Newby and two other men at a liquor store in western Louisville.

Mattingly testified during the trial that he feared his life was in danger before he fired.

Newby was carrying a small amount of crack-cocaine, some marijuana, a .45-caliber handgun and a large amount of money the night of the shooting.

The trial had been closely watched in Louisville's black community because Newby was the seventh black man killed by Louisville police in a span of about six years, beginning in 1998. Mattingly is white.

Newby's family had named Mattingly and the city in the $5 million lawsuit.

The suit alleged among other things that the city inadequately trained Mattingly. Federal judge Charles Simpson threw out that portion of the complaint in 2006.

Patteson said the settlement would be paid out of a city fund set aside for legal judgments.

Attempts to reach Mattingly were unsuccessful.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

AP-NY-02-15-08 1557EST

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