LOUISVILLE, Ky. — WARNING: This story contains graphic content that may be disturbing to some readers. Viewer discretion is advised.
Louisville police released new body camera footage Friday of an police shooting that happened near Churchill Downs earlier this month.
On Dec. 8, Marvin Smith, 28, was shot by a Louisville Metro Police (LMPD) officer, Sgt. Joshua Arnwine, after he refused to drop his weapon after running from a traffic stop.
In the news conference Friday, Deputy Chief Paul Humphrey said the initial investigation began in the area of Seventh Street Road and Berry Boulevard in the BP lot, where detectives with the Criminal Investigations Division were "conducting surveillance" on the lot.
Humphrey said they were looking for a "known suspect" where they saw the suspect going in and out of the store with a handgun. Police believe the suspect was also selling drugs. Humphrey said he couldn't confirm if this suspect was Smith or not.
Detectives initiated a traffic stop at S. Fourth Street and Central Avenue around 9:15 p.m., where Smith was the passenger of this vehicle.
Bodycam footage shows that Smith exited the car with a pistol that had an extended magazine and ran from the traffic stop. He ran southbound on Fourth Street and then ran eastbound next to Wagner's.
According to bodycam footage, Arnwine told Smith to drop his gun over 15 times, but he didn't.
Bodycam footage shows Smith was shot at by officers, where he then tripped and fell. Police then told him again to surrender and not pick up his weapon. He then picks up his gun and points it in the direction of officers.
"You're going to get shot!" one of the officers yells in the video.
Arnwine was the one who pulled the trigger, shooting Smith. He's the only officer directly involved in this incident.
"The officer did not shoot this person right when he came out with a gun, so he didn't assess this as a lethal force encounter at first," Humphrey said. "Something changed along the way and that's part of what the officer has to articulate. Factors that go into that are not black and white. They have to be based on the totality of the circumstances known to the officer at the time from their perspective."
According to bodycam footage, Smith got up to run, and left his weapon behind, but officers caught him a few yards away.
Officers then rendered life-saving aid and medics rushed Smith to UofL Hospital where Humphrey said he is in "good condition."
Humphrey said Smith was release from the hospital a few days ago and is currently booked at Metro Corrections.
"Officers gave multiple verbal commands to drop the firearm. The individual continued to disregard the officer's request which ultimately led to an officer discharging his firearm," Chief Jackie Gwinn-Villaroel said at a press conference on Dec. 8.
Smith was charged with wanton endangerment of an officer; receiving stolen property of a firearm; traffic and controlled substances (meth, cocaine, and fentanyl) enhanced due to the firearm; and first-degree fleeing and evading.
He has previously been charged with four counts of first-degree trafficking in a controlled substance (fentanyl, cocaine, opioids and meth), third-degree trafficking in a controlled substance (unspecified drug) and trafficking in marijuana (enhanced).
Arnwine has been with the department since June of 2016. In that time, he has served multiple brief suspensions for repeated instances of improper vehicle use. He was also ordered to undergo "major counseling" following a prior citizens' complaint.
"We are fortunate that no other community members were hurt and none of the officers were injured during this incident," Gwinn-Villaroel said at the Dec. 8 press conference. "LMPD will remain vigilant in fighting violent crime. We will continue to be proactive in our manner of policing in the city of Louisville."
Watch the full news conference video here:
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