From the Office of the Commonwealth’s Attorney. Please see our Media Releases page at louisvilleprosecutor.com/media-releases for more details and archives.
OFFICE OF THE COMMONWEALTH’S ATTORNEY
COMMONWEALTH OF KENTUCKY
30th JUDICIAL CIRCUIT
THOMAS B. WINE, COMMONWEALTH’S ATTORNEY
Media Release: December 20, 2018
LOUISVILLE, KY — Today the Jefferson County Grand Jury returned an indictment against Louisville Metro Police Officer Lonzo McConico for the February 2, 2018 assault on 18 year old Tanner Brown following Brown’s arrest outside the Old Louisville Tavern at 1532 South Fourth Street. The Assistant Commonwealth’s Attorneys presenting the case to the Grand Jury provided it with the option of indicting McConico on either felony or misdemeanor assault charges, the difference being whether the injury suffered by Brown amounted to serious physical injury or physical injury. The indictment charges McConico with Assault in the Fourth Degree, a Class A Misdemeanor punishable by up to 12 months in jail and/or a $500 fine.
Kentucky Revised Statute 500.080(15) defines “serious physical injury” as “physical injury which creates a substantial risk of death or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.” By returning an indictment for Assault in the Fourth Degree, the Grand Jury found that the medical evidence presented did not constitute “serious physical injury”.
As a misdemeanor, the charge against Officer McConico will be referred to Jefferson District Court for prosecution. The prosecution there will continue to be handled by this office with the Assistant Commonwealth Attorneys who presented the case to the grand jury being appointed to prosecute the case in the District Court.