Incident Details
- Date of Incident
- May 29, 2020
- Location
- Louisville, Kentucky
- Targets
- Kaitlin Rust (WAVE)
- Assailant
- Law enforcement
- Was the journalist targeted?
- Unknown
Assault
In this screenshot from WAVE 3, reporter Kaitlin Rust reacts to being targeted with projectiles while covering a protest in Louisville, Kentucky, on May 29, 2020.
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 Kaitlin Rust and James Dobson 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. Rust was struck in the leg, causing a welt and a bruise. 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.
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 unrelated to the WAVE journalists, 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, a device that can cause death or serious injury, at “individuals who do not appear to pose a threat,” the outlet reported.
Rust reflected in June 2020 that the experience had made her understand the protests against police brutality.
“When I saw a police officer look me in the eyes and intentionally hurt me—for no reason, and without fear of any consequences—it shook me hard and gave me better understanding,” she wrote in an Instagram post. She has since left journalism, according to her LinkedIn page.
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 reporter Kaitlin Rust was reporting live at around 9:45 p.m. on May 29 when an officer walked into the frame and turned toward Rust and photojournalist James Dobson.
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 Dobson’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 added.
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].
