Incident Details
- Date of Incident
- May 29, 2020
- Location
- Louisville, Kentucky
- Targets
- James Dobson (WAVE)
- Assailant
- Law enforcement
- Was the journalist targeted?
- Unknown
Assault
A police officer, at center, shoots pepper balls directly at WAVE journalists James Dobson and Kaitlin Rust on May 29, 2020, during a protest against police brutality in Louisville, Kentucky.
Louisville officer who shot pepper balls at TV crew cleared of most violations
The Kentucky police officer who shot pepper balls at WAVE television journalists James Dobson and Kaitlin Rust during a 2020 Black Lives Matter protest in Louisville was cleared of multiple violations associated with the shooting, the Louisville Metro Police Department announced on Nov. 7, 2024.
Officer Dusten Dean fired on and injured a WAVE news crew during a live broadcast. Dobson told the U.S. Press Freedom Tracker that he was hospitalized for his injuries, which caused severe bruising, nerve damage in his left arm for six months and “lots of mental stress.” He said the pepper balls also filled his camera with capsaicin. Rust was struck in the leg, causing a welt and a bruise.
Dean was initially investigated by the FBI, which after three years declined to bring criminal charges against him. The LMPD — which itself fell under a consent decree with the federal government after the Justice Department uncovered a pattern of unlawful, unconstitutional conduct, including excessive force — then initiated its own investigation into Dean’s use of force and the two chemical agent deployments, WAVE reported.
The LMPD concluded that Dean ordered both Rust and Dobson to move before first firing at the ground and only then firing a second round. It claimed that while Dobson was wearing a bulletproof vest with the word “Press” across the front, his camera had a spotlight on it that, along with Dean’s gas mask and face shield, prevented Dean from identifying the journalists as members of the press.
According to a copy of the findings shared with the Tracker, Dean was ultimately cleared of three violations: failure to properly report his use of force, failure to de-escalate appropriately, and the first deployment of chemical agents.
For the fourth violation, the second deployment of pepper balls that hit Dobson, Dean received a letter of reprimand.
On Nov. 12, the LMPD announced an unrelated investigation into Dean’s actions at the protest, after the Louisville Courier Journal reviewed the officer’s body camera footage and discovered multiple instances in which he fired a 40 mm projectile launcher at “individuals who do not appear to pose a threat,” the outlet reported. The device can cause death or serious injury.
In a phone conversation with the Tracker, Dobson said he was disappointed with the length of the investigation and disagreed with the findings. He told the Tracker that he later left WAVE after 108 straight days of covering the protests and multiple assaults. “It was a meat grinder for press out there,” he said.
Dobson said he’s much more cautious now about covering events with a police presence.
“I’ve lost a lot of trust in law enforcement at a scene,” he said. “You are on your own if you are a journalist in Louisville.”
A WAVE 3 News crew was shot at with pepper balls by a Louisville Metro Police Department officer while broadcasting live on May 29, 2020, during protests in Louisville, Kentucky.
The Associated Press reported that protests in Louisville have centered around the deaths of Breonna Taylor and George Floyd, both of whom were Black. Taylor was shot eight times in her Louisville home in mid-March by narcotics police who broke down her door. Floyd died on May 25, after a white police officer in Minneapolis, Minnesota, knelt on his neck for eight minutes during an arrest. Video of Floyd’s death has sparked protests across the country.
WAVE 3 photojournalist James Dobson and reporter Kaitlin Rust were reporting live at around 9:45 p.m. on May 29 when a police officer walked into the frame and turned toward the news team.
In the video, Rust can be heard screaming, “I’m getting shot!”
Rust then adds that the officer was firing “pepper bullets” directly at her and Dobson. The Louisville Courier Journal reported that pepper balls are essentially paintballs filled with a powdered form of pepper spray.
WAVE 3 reported that both journalists were struck by the ammunition and suffered minor injuries. The Tracker has documented Rust’s assault here.
The station’s general manager, Ken Selvaggi, said in a statement, “We strongly condemn the actions of the LMPD officer who tonight repeatedly fired at and hit our reporter and cameraman, both of whom were courageously and lawfully covering breaking news in their community.”
“There is simply no justification for the Louisville police to wantonly open fire, even with pepper balls, on any journalists under any circumstances,” Selvaggi said.
LMPD spokesperson Jessie Halladay told the Courier Journal that the department would investigate the video after the protests were resolved and investigate or discipline as necessary. Halladay also apologized for the incident.
“[It’s] not our intention to target or subject the media as they try to cover this,” Halladay said.
WAVE 3 reported that during the same night of protests, one of its news vans was vandalized.
The U.S. Press Freedom Tracker documents journalists being assaulted, arrested, struck by crowd-control ammunition or tear gas or who had their equipment damaged in the course of reporting. Find all incidents related to Black Lives Matter and anti-police brutality protests here.
The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].
