New video released in Elsmere police shooting Michael Godawa - WFXG FOX54 Augusta - Your News One Hour Earlier

New video released in Elsmere police involved shooting

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ELSMERE, KY (FOX19) -

The family of a 21-year-old man shot and killed by an Elsmere police officer says newly released video proves their son was murdered.

Elsmere Officer David Byrd was called to Finish Line Bar and Restaurant in August to investigate a possible DUI or underage drinking in the bar's parking lot when he questioned Michael Godawa.

Police say Godawa backed over Byrd's patrol bike, attempted to flee the scene and struck Byrd with his vehicle.

"(Officer) Byrd loses his mind because his bike gets hit and that's when he went firing his pistol at him because he hit his bicycle," said Eric Deters, attorney for the Godawa family. "You can't shoot somebody because they run over your bicycle and that's what happened in this case."

"I want justice. I am mad...mad over all of this," said Don Godawa, Michael's father.  "I have been robbed from my son and I do not even trust the police force anymore." 

Kenton County Commonwealth Attorney Rob Sanders, who declined to take the case to a grand jury, reviewed the video before making his decision.

"The officer is lucky to be alive. He was almost killed," said Phil Taliaferro, Byrd's attorney.

"He (fired his weapon) for two reasons; to protect himself and the citizens," said Taliaferro. "The use of deadly force was justified. He had a duty to protect himself and others."

Deters also lashed out at Sanders, saying he should try officer Byrd for the death of Michael Godawa instead of saying he was innocent. Sanders declined comment.

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