Covington officer’s actions were ‘justified’ in fatal officer-involved shooting

Published: Jul. 19, 2023 at 3:58 PM EDT|Updated: Jul. 19, 2023 at 5:38 PM EDT

NORTHERN KENTUCKY (WXIX) - The Covington police officer involved in a fatal shooting on July 9 will not face prosecution, the Kenton County Commonwealth’s Attorney Rob Sanders announced Wednesday afternoon.

Based on an investigation conducted by Kentucky State Police, there was no probable cause to prosecute Covington Police Officer Ethan Livingood for the death of the suspect, 30-year-old Garren Patty, of Ludlow, Kentucky.

”Ethan Livingood was undoubtedly justified in his use of force and self-defense. Given Patty’s repeated blows to Livingood’s head and his attempt to take the officer’s handgun, the use of deadly physical force was both reasonable and justified,” Sanders told the press.

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On July 9, Covington police received a report of a “suspicious subject” who ran toward the Licking River after damaging a car on Oakland Avenue.

Investigators have now identified the subject as Garren Patty.

Moments later, Officer Livingood came into contact with Patty in the 1900 block of Glenway Avenue. Sanders described Patty to be in an “erratic” state during the encounter.

Within one minute, the 30-year-old suspect charged at the officer and began to hit him with a “closed fist,” Sanders explained. In response, Livingood used his taser twice on the man, but it did not stop him.

The officer was then taken to the ground and punched repeatedly. Patty then attempted to grab Livingood’s firearm, Sanders said.

While on the ground, the officer fired one round, striking Patty, but his gun jammed up, Sanders explained. Despite being shot, Patty continued to punch the Covington officer until Livingood was able to clear the jam, firing several more shots at his attacker.

“Garren Patty is shot seven times, including wounds to his neck, his left arm, his left lung and several rounds to the abdominal area,” Sanders said during a press conference. “Patty did not stop advancing on Livingood until two of the shots fractured his pelvis, dropping him to the ground.”

Officers later arrived at the scene and rendered first aid to the suspect who was later pronounced dead at the University of Cincinnati Medical Center.

Livingood sustained nine life-threatening injuries, specifically wounds, from the altercation, Sanders said.

“This is a very good example that tasers are not always an option for officers,” he said during the press conference.

According to the Commonwealth’s attorney, Patty was “no stranger to the criminal justice system,” listing off multiple convictions, including fleeing police, violating his probation and burglary.

Livingood has been an officer for seven years with the Covington Police Department and has not had any disciplinary issues, Sanders added.

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