On the night of January 3, 2004 members of the Louisville Metro Police's David District Flex Platoon were conducting undercover buys from suspected drug dealers of crack cocaine. These detectives were dressed as plain clothes officers, each possessing a wide range of experience and training. Present for the undercover drug deal at 46th street and Longworth were two supervisors (Sergeants) and six detectives. McKenzie Mattingly was one of those six detectives and performing the undercover role that evening. In addition there were two civilians riding with one of the detectives.
The detectives had been making undercover drug buys all night. Late in the evening they met at a firehouse on Cane Run Road where they arranged to buy crack cocaine from a suspected dealer at 46th and Market. Mattingly was supposed to call the dealer from a liquor store at 46th and Longworth upon arriving there. Mattingly was alone when he pulled into the liquor store's lot. The other detectives were sitting close by but not close enough where they could be detected. Mattingly was approached by several individuals, four in all, including Michael Newby. They engaged him in conversation that quickly turned into talk of buying crack cocaine. When Mattingly took possession of Newby's crack cocaine, he decided to buy it. As he pulled out his money they reached into his truck and ripped the money from his hand. Mattingly then alerted his backup that he had been robbed.
Thinking that all of the suspects had fled, Mattingly got out of his truck to identify them and their direction of travel to his backup. When he exited, he found Newby bent down beside his truck. Mattingly identified himself as a police officer and tried to place Newby under arrest. Newby did not comply with Mattingly's commands. He thought Newby might be armed and as they begun to struggle, Mattingly pulled his weapon out. Newby grabbed the weapon with both hands and Mattingly tried to get it away from him. During this struggle the weapon was fired in very close proximity to Mattingly's foot. He felt something strike his foot and thought Newby has just shot him.
At this point, both men were separated and Newby began to move away from Mattingly. As he was moving, Mattingly observed Newby looking back at him and down to his waistband several times. Newby attempted to lift up his sweatshirt during his progression. According to Mattingly this was done several times and never did Newby look to where he was going. When Newby was in front of a car he turned toward Mattingly and attempted to lift his sweatshirt again when Mattingly fired. Four shots were fired and Newby was struck three times in the back at various angles. Crack cocaine, marijuana, money, and a loaded .45 caliber hand gun were found on Newby.