Mr. Wine’s decision to drop charges came one day after Mr. Eggert filed a motion to dismiss the case, arguing that prosecutors failed to present a full and fair picture to the grand jury. Specifically, Mr. Eggert contended that they neglected to present Mr. Walker’s claim that he was acting in self-defense.
Mr. Wine said he disagreed with Mr. Eggert’s contention that prosecutors acted unethically but he agreed that more information should have been presented to the grand jury that indicted Mr. Walker on March 19, including Mr. Walker’s statement to the police in the early morning hours after the shooting.
Mr. Wine said that it has been his practice in other cases to allow defendants to present evidence that they were acting in self-defense during a shooting.
“I’ve allowed that for police officers in shooting cases,” Mr. Wine said, “and it should be allowed for civilians.”
The prosecutors’ request to drop the charges must be approved by a judge. Mr. Wine said he would not rule out the possibility of filing charges again after the F.B.I. and other agencies had completed their reviews of the shooting.
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“The decision not to pursue Walker’s prosecution at this time, despite a grand jury indictment, suggests that the officers’ credibility and version of events is in question,” said Cortney E. Lollar, a law professor at the University of Kentucky. “The fact that Wine seems to be waiting for independent investigators to review the case further indicates that the prosecutor’s office may have a lack of confidence” in the Louisville Metro Police Department’s version of what happened.