Dusten Dean bodycam: Officer targeted protestors during 2020 demonstrations

The Louisville Metro Police officer who pelted an on-air TV news crew with pepper balls amid protests over the police killing of Breonna Taylor in 2020 also fired a more dangerous impact munition — at close range — at a pedestrian he said he was “tired of” later that night, body camera footage reviewed by The Courier Journal shows.

The officer, Dusten Dean, also told fellow law enforcement officers he was targeting a protester with that same kind of 40mm less-lethal projectile to get them to drop a sign they were holding.

Last week, LMPD Chief Paul Humphrey said Dean would receive a letter of reprimand, but no suspension or other punishment, for violating LMPD policy with a second volley of pepper balls he fired at the WAVE-TV journalists four years ago.

Describing Dean as an “exemplary employee” in the years since the incident, Humphrey said the officer did not know the TV crew were journalists, perceived a light mounted on a camera to be a threat and “self-reported” his involvement after seeing widely circulated video of the incident.

But a Courier Journal review of nearly three hours of Dean’s body camera footage from that night showed more questionable actions that were not addressed by Humphrey. The actions also appeared to mirror concerns the US Department of Justice raised last year about how LMPD officers unconstitutionally used force during the 2020 protests against people who did not pose a threat.

In a statement Tuesday morning responding to inquiries from The Courier Journal, LMPD communications director Angela Ingram said the department only examined Dean's interactions with the WAVE-TV journalists for potential policy breaches but would now launch a new probe.

"Incidents that were not part of the initial investigation, and unrelated to the interaction with the journalist, were just recently brought to the attention of Chief Humphrey," she said. "He takes this matter seriously and is initiating an investigation into those incidents. The police department will provide an expedient review of the new allegations."

The Courier Journal was given the body camera footage by Louisville attorney Ashlea Hellmann, who obtained it as part of a recently-settled lawsuit filed by a woman hit in the forehead by an impact round that same night.

Hellmann said it is not known which officer shot her client, Shannyn White.

Hellmann did not know the body camera footage she provided belonged to Dean; The Courier Journal was able to verify the footage was from Dean's body camera by analyzing it alongside the WAVE-TV broadcast of its journalists being hit.

Metro Government repeatedly denied open records requests filed by The Courier Journal this year seeking files from LMPD's investigation into Dean's actions, including video footage, saying the incident remained under investigation. Metro Government did not deny a Sept. 20 request from the paper — the latest filed by The Courier Journal — but has yet to comply with the request despite repeated follow-ups.

On the night of May 29, 2020, Dean was carrying a pepper ball gun and a 40mm launcher as Louisville experienced its second night of mass protests.

Pepper ball guns are essentially paintball guns that fire projectiles filled with chemical irritants instead of a marking substance. The munitions can be painful and cause injury, but are considered a non-lethal or less-than-lethal weapon.

The 40mm launcher fires what are known as kinetic or direct impact projectiles — rounds that are considered less-lethal as they can pose a risk of death or serious injury if they strike the head or neck.

Due to the danger direct impact projectiles pose, LMPD officers were required — under policy at the time of the 2020 protests — to document every time they fired a 40mm round, even if it missed.

Despite their potential to cause serious injury, Dean can be seen in body camera footage firing the munitions at individuals who do not appear to pose a threat.

At one point in the evening, Dean fired pepper balls at a man who seemed to be milling around in a parking lot next to Chase Bank on Jefferson Street, apart from protesters. As the man began walking away, the officer switched over to his 40mm launcher and again fired at him.

Less than two minutes later, LMPD officers had advanced down Jefferson Street to Chase Bank when Dean broke away and started walking to the bank’s entryway.

“I’m tired of this guy over here,” he said as he reloaded his 40mm launcher.

Seconds later, a man wearing clothing that matched that of the man in the parking lot comes into the view of Dean’s camera. The man is walking slowly by himself past the doors of the bank back towards the parking lot — and away from protesters — as Dean raises his weapon and fires from about 10 yards away, striking the man.

Dean did not issue any verbal commands to the man, who did not appear to see the officer or pose a threat, when he fired.

A former LMPD officer, Richard Wiedo, was sentenced to 12 months probation last year after he pleaded guilty to a federal charge over firing a 40mm round into the face of a protester who was filming police on his cell phone May 30, 2020, fracturing multiple facial bones.

According to prosecutors, Wiedo was trained that he should only use impact munitions on people who are actively aggressive and that firing at an individual’s neck or head could result in death. They said Wiedo fired into a crowd of protesters after someone threw a water bottle at police, but that Wiedo could not see who threw the bottle.

Dean also used munitions against protesters holding signs.

Earlier in the evening, as protesters stood on Jefferson Street in front of Metro Hall holding long banners reading “#JUSTICEFORBREONNA” and “ENOUGH IS ENOUGH,” Dean opened fire in their direction with his pepper ball gun before switching over to his 40mm launcher.

At points during this standoff and others that evening, projectiles like water bottles could occasionally be seen being lobbed at police, who kept firing.

Later, Dean was positioned behind a line of Kentucky State Police troopers, repeatedly stepping between them to fire 40mm rounds at protesters.

“I want that sign out of there, so I’m trying to get it. I’m trying to get them to drop that sign,” he told State Police troopers at one point as he stepped forward and fired another 40mm round.

“Got ‘em!” he said after he fired.

During the incident, Dean’s body camera was dislodged and was facing downwards, making it impossible to see who Dean shot at.

Right before firing a 40mm round in the direction of a few people standing at the edge of Jefferson Square Park, Dean said: “I don’t know if I can get him off his bike right there or not.”

The video was not clear enough for The Courier Journal to identify a man on a bike or see where Dean’s shot went.

At times, officers laughed as protesters were hit with munitions.

Firing pepper balls at one point, Dean adopted a mocking tone as he narrated the scene.

“Excuse me: I need you to move. I need you to go down that way please. Thank you. Thank you. Thank you. Thank you,” he said as he fired.

Then he switched over to his 40mm launcher.

“Okay, that one don’t want to work, so we’ll bring out this guy. And watch this,” he said before firing.

Dean’s body camera was again dislodged at this point, making it impossible to know the circumstances of the use of force.

In its March 2023 investigation of LMPD, the DOJ determined LMPD officers sometimes used force against protesters “who did no more than passively resist or disperse more slowly than officers desired.”

By doing so, the DOJ said, LMPD “retaliated against speech, in violation of the First Amendment.”

Under current, updated LMPD policy, officers are not allowed to use direct impact munitions unless there is an imminent risk to the safety of officers or other people. They are not allowed to use them to disperse crowds and can only fire the munitions at individuals displaying "active aggression." When officers do fire them, they are prohibited from targeting the spine, groin and chest — in addition to the head and neck — unless deadly force is authorized.

At the time of the 2020 protest, LMPD officers were only barred from aiming at the face, eyes and neck unless deadly force was authorized.

The body camera footage also caught the moment WAVE-TV reporter Kaitlin Rust and photojournalist James Dobson were shot at by Dean soon after police cleared downtown Jefferson Square Park of protesters.

Walking towards the reporters, Dean said “move” one time before he opened fire with his pepper ball less than three seconds later.

He fired 12 pepper balls, paused to adjust something on his weapon, and then resumed firing before he said “move” again several more times.

In his disciplinary letter, Humphrey claimed Dean had twice yelled “move back” at the reporters before opening fire.

Humphrey also claimed both Rust and Dobson were interviewed by LMPD investigators as part of what he called "a lengthy and exhaustive" internal affairs investigation; both former WAVE-TV journalists told The Courier Journal they were never interviewed by LMPD investigators about the incident.

Humphrey further said Dean could not tell Rust and Dobson were journalists; Dobson was wearing body armor labeled “PRESS” and filming on a camera while Rust was wearing a reflective vest and was speaking into a microphone when they were attacked. However, according to Humphrey, Dean said the light on Dobson's camera and glare from his gas mask prevented him from seeing the individuals he was shooting.

The FBI investigated the incident, but no charges were filed. During the federal investigation, Dean was stripped of his police powers and placed on administrative reassignment.

Rust and Dobson were not the only journalists Dean interacted with that night.

At another point in the body camera footage, Dean twice raised his pepper ball gun at an unidentified photojournalist who was taking photos of police amid a tense standoff with protesters. In both instances, Dean told the photographer — who was carrying two cameras, wearing a helmet and appeared to have press credentials hanging from his neck — to leave.

While Dean aimed his weapon at the journalist as a threat, he did not fire.

In its March 2023 report, the DOJ criticized LMPD’s interactions with journalists during the 2020 protests, writing: “Some officers used force against journalists who were committing no crimes, posing no safety risk, and not resisting or evading arrest. LMPD thus violated the firmly established qualified right of access for the press to observe government activities.”

In a statement Saturday, the Louisville chapter of the Society of Professional Journalists said it disagreed with how LMPD handled Dean’s attack on the WAVE-TV crew.

“No member of the press should ever be in harm’s way while reporting in Louisville, and they especially should not fear those who are meant to protect and serve,” the group said. “We call on all Kentucky agencies and officers to respect our Constitutional right to news gathering. Bottom line: Rust and Dobson should not have been injured while doing their job — informing their community at a pivotal time.”

Reach reporter Josh Wood at [email protected] or on X, formerly known as Twitter, at @JWoodJourno.