David McAtee

David McAtee 

LOUISVILLE, Ky. (AP) — Louisville’s top criminal prosecutor says he won’t pursue charges against Louisville police or National Guard members in the fatal shooting of a barbecue cook.

David McAtee was killed at his eatery last year on May 31 during intense protests in Louisville.

Authorities came to his eatery to enforce a curfew. After police fired pepper balls toward him and his niece, McAtee fired two rounds from a handgun. He was fatally shot by a National Guard member.

Jefferson County Commonwealth’s Attorney Tom Wine said Tuesday he would not present the case to a grand jury.