A federal grand jury has brought charges against former Louisville officer Katie R. Crews, accusing her of using unreasonable force while trying to enforce curfew during protests sparked by the killings of George Floyd and Breonna Taylor in 2020. Crews allegedly fired pepper balls at a group of Black civilians at the time and fueled a chaotic scene, which ended with the death of beloved Louisville restaurant owner David “YaYa” McAtee, WAVE reports.

According to court documents, Crews said she had been given an order to assist in dispersing the crowd near the restaurant on the night of the protests. The former Louisville Metro Police Department officer also said Machelle McAtee, David McAtee’s niece, refused to return to the restaurant after police asked her to do so. Crews then started shooting pepper balls toward Machelle, court documents state.

“My niece, she still has scars to this day that, you know, remind her of that night that are never going to go anywhere,” Jamie McAtee told WAVE.

Surveillance footage showed David standing in the doorway when his niece was struck by pepper balls several times. Police said David then stepped outside the door and fired his gun twice. Crews and another officer, along with two members of the National Guard, responded with shots. One of the bullets struck the restaurant owner in the chest, causing him to stumble back into his building and collapse.

The U.S. Attorney’s Office has now brought the first criminal charges filed in connection with David’s death, charging Crews with the deprivation of rights under color of law for violating Machelle’s civil rights when she allegedly fired the pepper balls.

The officer was cleared of facing any state charges in Kentucky. Attorney Tom Wine declined to bring charges, saying the officers acted appropriately by returning fire “in defense of human life, including their own.”

Crews and the officers who were with her did not turn on their body cameras during the chaotic scene. Louisville Mayor Greg Fischer later fired LMPD Chief Steve Conrad and ordered a top-down review of the police department.

“This type of institutional failure will not be tolerated,” Fischer said.

David’s family attorney Steve Romines said, “We agree with the Grand Jury’s decision today.”

“Criminal activity by LMPD in the unwarranted shooting at innocent bystanders outside of YaYa’s BBQ is what directly lead to the death of David McAtee,” the attorney said in a statement. “These charges evidence LMPD’s complete disregard for its own policies and the safety of citizens of Louisville. The city’s denials of responsibility are just proof that despite claims of accountability and transparency, nothing has changed.”

LMPD also released a statement to WAVE, saying Crews is no longer an employee of the department.

“Ms. Crews was terminated on February 7, 2022. At this time, LMPD respectfully declines further comment on this matter,” LMPD stated.