Jefferson Commonwealth's Attorney David Stengel said Darren Pickerill pulled a gun on retired Jeffersontown Police officer Richard Koenig during an altercation in a parking lot June 3, leaving Koenig with little choice but to shoot Pickerill in self-defense.
Stengel, who recommended to a grand jury that they not indict Koenig on any charges today, said lab testing on Pickerill's weapon, which was later found in the console between the two front seats, showed blood splatter on both sides.
"That backed up the Koenig's story that he (Pickerill) … had the gun up in a threatening manner," Stengel told reporters minutes after Koenig was cleared by a grand jury. "There's no evidence whatsoever to say Koenig pulled his (weapon) first."
Keonig, who was reached at home this afternoon, declined to comment.
Stengel said Koenig and his wife, who was with him, both described Pickerill's weapon in detail.
Stengel said Pickerill, according to the evidence, ran a stop sign at a four-way stop in the parking lot of the Kroger at Hurstbourne Parkway and Taylorsville Road, blocking Koenig and leaving the vehicles just inches apart.
The men exchanged words, Stengel said, before Pickerill pulled his weapon.
"I'm certain Mr. Pickerill brought that gun up for some reason," Stengel said. "Logic tells me it was to scare somebody. From there on the reaction of Koenig was completely within the law."
Pickerill's gun was not fired.
A Jefferson County grand jury returned a "no true bill," declining to indict Koenig on any charges, including one count of first-degree assault and two count of wanton endangerment for putting two women at risk who said bullets passed by their windshield.
Stengel said prosecutors didn't think a jury would convict Koenig of wanton endangerment at a trial, because the former officer was protecting himself and his wife.As for why Koenig continued firing, between six and eight shots, Stengel said police officers are taught to "fire until it's over."
The grand jury's decision ends the case for police and prosecutors.
"We did it by the book," Stengel said, though he acknowledged that some in the community believe Koenig received special treatment because he had been an officer.
Scott Drabenstadt, a lawyer for the Pickerill family, acknowledged in recent weeks that an indictment could be difficult, given that a 2006 state law allows people to shoot anyone they believe is threatening them or their vehicles.
Christopher 2X, a spokesman for the Pickerill family, said Pickerill's mother started crying when he told her the grand jury's decision.
"They are tremendously disappointed," he said.
The family will hold a press conference tomorrow morning, 2X said.
Pickerill, who has brain damage, was never able to tell his side of the story. He was shot in the left arm, chest and head.
Investigators delayed taking the case to the grand jury in hopes that Pickerill could recover enough to give information to police; but he has not.
During Koenig's 20 years on the Jeffersontown force, he served at least three suspensions, had four chargeable traffic accidents, twice lost his take-home vehicle and received more than a dozen warnings for violating department policies, according to his disciplinary file. His file also contained about 20 letters of commendation for actions he took.
Pickerill, a Shawnee High School graduate, owned a small business installing equipment for the elderly.