Basic facts of the case: Just before 3:30pm on Sunday, June 3, 2007, shots were fired in the parking lot of the Stony Brook Shopping Center in Jeffersontown. 33 year old Darren Pickerill, the driver of an H3 Hummer, was shot multiple times and critically wounded. Retired J'Town Officer Richard Koenig, the driver of a Jeep Cherokee, told police that he shot Pickerill in self defense when Pickerill displayed a weapon. Koenig told police he and Pickerill were arguing over who had the right of way at a four way stop between the Kroger store and National City Bank. A handgun was found in Pickerill's Hummer.

Notes:

Key People:

Richard Koenig - shooter, 50 years old, 20 year veteran of Jeffersontown Police, retired in February, 2007 as he was under investigation for an incident in the same parking lot.

Darren Pickerill - shooting victim, 33 years old, owns small business that installs safety equipment for the elderly.

Police Chief Richard Sanders - became Jeffersontown Chief in February, 2007. 24 year veteran of the DEA. Most recently, he was Asst. Dir. of the DEA in Washington, D.C. Began law enforcement career in 1971 with Jefferson County police. Louisville Native.

Commonwealth's Attorney Dave Stengel: Career Prosecutor, took office in 1996, former legislator.

Witnesses:

According to Commonwealth's Attorney Dave Stengel, the only witnesses to the actual shooting are Pickerill, Koenig, and Koenig's wife, who was a passenger in Koenig's Jeep Cherokee.

Stengel says other witnesses saw the vehicles enter the intersection or heard noises and/or shots. But, he says no one besides Koenig's wife appears to have witnessed the actual shooting.

Kroger employee Donnie Smith tells me he heard six shots but did not see anything.

On June 4, Police Chief Richard Sanders said his department had interviewed eight witnesses, one of whom was a driver who was passing or had just passed through the intersection.

On June 6, he said two other witnesses had come forward. Both had been in the parking lot.

The Vehicles:

Darren Pickerill was driving a black H3 Hummer.

Richard Koenig was driving a tan Jeep Cherokee.

From the position of both vehicles on WHAS11 Video and markings in the intersection, it appears that Pickerill was making a left turn after driving along the front of the Kroger. Koenig approached the intersection from the rear of Kroger, alongside the Kroger Pharmacy drive-thru. The wheels on Koenig's jeep were turned left, which might indicate he was attempting a left turn into the National City Bank parking lot.

The Hummer's position was approximately halfway through the intersection, with the rear left of the vehicle near the front left of the Jeep. As a result, the driver's windows of both vehicles were adjacent to each other, perhaps 10 feet apart. Koenig described a verbal argument first, then says Pickerill produced a weapon. Koenig says that's when he opened fire.

The Guns:

Sanders says both men had .40 caliber semi-automatic handguns and that both men had valid Conceal Carry permits. It is unclear how Pickerill displayed his weapon, and this is a key element to the investigation. Did he wave it, point it, produce it? Koenig says he felt threatened enough to shoot. Police say they recovered Pickerill's gun from his Hummer, but have not said exactly where.

Both guns were sent to the Kentucky State Police Crime Lab.

Koenig is apparantly an expert marksman, having won several awards as a member of the Jeffersontown Police Pistol Team.

The Bullets:

Police say Koenig fired six to eight shots and that Pickerill was shot "multiple" times.

Though not definitive, police do not believe Pickerill fired his gun.

Darren Pickerill's family has said he was shot seven times, once in the head, at least three times in the left arm and at least once in the chest area. He has several exit wounds but an unknown number of bullets are still in his body, including one in his head.

At least two shell casings were observed on the ground in the intersection.

It appears three bulletholes are in the passenger window of the Hummer.

I observed five bulletholes in the National City Bank side wall, directly in line from the angle Koenig shot Pickerill. Police believe both drivers stayed in their vehicles for the entire incident, which they estimate lasted for less than a minute.

The 911 Call:

Sanders says Koenig called 911 after the shooting. MetroSafe will not release a tape of the call because it's part of an active investigation.

The Investigation:

Jeffersontown Police handling investigation, personally directed by Chief Sanders, with assistance from two unnamed independent investigators. Kentucky State Police Crime Lab also involved, as are Louisville Metro Police Evidence Technicians.

Sanders is making every effort to inspire the public's confidence. Only four months on the job, he has both a challenge and an opportunity. How this investigation is perceived could very well determine his success in this new job. His experience as a special agent with the DEA comes across favorably.

J'Town Police had to wait for a legal opinion before responding to WHAS11's (and subsequent other media's) Open Records Request for Koenig's file. But, once it was okayed, Sanders himself helped make the photocopies of the more than 100 page file for the various media outlets.

Stengel says it is appropriate for J'Town Police to do investigation, despite it involving a recently retired cop. Because of that fact, Stengel will personally administer the case.

Stengel expects a "preliminary report" (which is atypical) by June 8, but the final police report by mid to late July. Stengel will personally review the file and decide whether to take it to a grand jury.

Why wasn't Koenig charged? Short answer, because he professes self-defense and there is no proof to the contrary. However, Stengel acknowledges that if this were a shooting on some other street corner between two non-police, the shooter would probably be charged with something.

Sanders says in some ways being a former cop is a disadvantage, because a normal citizen's personnel file from the last 20 years would not be public record. Interesting point.

Other Notes:

J'Town Police say what appeared to be a police badge hanging from Koenig's rear view mirror is actually a religous medallion.

Koenig's personnel file shows a long history of disciplinary issues (see Kerri Richardson's excellent reporting for more details), but Stengel says this is probably irrelevant and could not be used to gain an indictment or at trial.

About ten members of Pickerill's family met with Sanders for more than a half-hour on Wednesday, June 6. Despite earlier concerns about J'Town P.D.'s objectivity, they professed faith in Sander's abilities and fairness.

Pickerill's family is asking for prayers for him and for Koenig's family. They were impressive in their fortitude after the meeting with Sanders.

Sanders says current J'Town Officer Michael Koenig is NO relation to Rick Koenig. (rumors to the contrary).

Activist Christopher 2x is acting as the Pickerill family spokesman. He says the family is seeking advice from "fact-finding" attorneys. A civil case against Koenig and maybe Jeffersontown seems likely.