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Louisville police explain fluctuations in criminal homicide data

This comes after three criminal homicides listed in their data all of a sudden were taken off the 2021 total.

LOUISVILLE, Ky. — Recent fluctuations in Louisville's criminal homicide numbers have raised questions and concerns from the community, as the city nears its deadliest year on record.

This comes as more than 100 cases in 2021 remain open, without an arrest made.

On Wednesday, Louisville Metro Police felt the need to explain why three criminal homicides listed in their data all of a sudden were taken off the 2021 total.

"Our number fluctuates," said Homicide Lieutenant Donny Burbrink, who joined Police Chief Erika Shields and Assistant Commonwealth Attorney Elizabeth Jones Brown on a Facebook Live on Wednesday. "We had 173 criminal homicides. Now we come back, and we have 170 criminal homicides, and people are like, 'How are you all doing that?' Because nine of those homicides out of 180 we've investigated do not meet the criteria for prosecution."

LMPD leaders said as of Nov. 14, nine homicides have been written off as justified, including some deemed as self defense. 

"If he or she believes that deadly physical force is about to be used against him or her," Jones Brown said.

But this circles around what many victims' families feel is the bigger issue: Waiting for arrests. Some feel they should have answers by now.

According to LMPD data, arrests have been made in 34 percent of criminal homicides so far this year (closed cases). From the perspective of many families with loved ones killed, they said to them those numbers sound like a police department struggling to keep up.

LMPD leaders addressed those concerns Wednesday.

"I know we get inquiries from the media and the public like, 'Why didn't you make an arrest?' And it's because [in some cases] we're just not really sure that the person can be legally charged."

In Danielle Marshall's case, her brother Terrance Clark was shot and killed inside his Algonquin apartment complex in summer 2018.

"It probably took me about four minutes to get to him, and we were real real close. That's my oldest brother," Marshall said. "As far as who pulled the trigger, we don't know."

Marshall tells WHAS11 that her family last spoke to a detective a month ago. According to Marshall, they didn't receive any new updates, with no suspects named.

"They're still waiting on DNA, blood work. That's all we have," Marshall said.

Chief Shields said LMPD is legally bound not to rush arrests, charges or prosecution without probable cause.

"Until we get probable cause to believe it was not self defense, then we're not allowed to do more than investigate," Jones Brown said.

We brought this explanation to Marshall. 

"What are we supposed to do when there are still killers out there?" Marshall asked.

There's frustration, as a deadly record will likely be surpassed before year's end.

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