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Where's The Stomper's Lawyer?

The decision to prosecute will be made either by Ray Larson, Commonwealth Attorney if it is a felony or Larry Roberts, County Attorney if it is a misdemeanor. I would expect, however, for this to be presented to a grand jury but either Larson or Roberts would need to present it.

The Lexington-Fayette police department, which is evidently conducting the investigation, is very professional and non-political. They can charge under KY law without consulting either Larson or Roberts, but as a practical matter I am certain there is consultation going on.

I worked with Larson 30+ years ago but have not spoken to him in many years. Larson is elected as a Democrat, BUT he is totally non-partisan in how he makes decisions on prosecutions. Larry Roberts, likewise, is elected as a Democrat; although I met him many years ago, I cannot say that I know him. He also has a reputation within the legal community of being of the highest personal integrity and makes decisions on prosecutions strictly on the merits and on a totally non-partisan basis.

Although both men are elected Democrats, politics will not have anything to do with any decision either may make in this case. I should also state that there is no question that these are tough, hard-nosed prosecutors.

Based upon the video and assuming there is no exculpatory evidence not on the video, the perpetrator(s) would be well advised to get a first rate criminal attorney and start plea bargaining and hope they can do some time on a misdemeanor in the Fayette County jail. If the report is correct that the victim suffered a concussion, then a felony prosecution is very a distinct possibility. No competent defense attorney wants to cross examine that video.

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David Kurtz is Managing Editor and Washington Bureau Chief of Talking Points Memo where he oversees the news operations of TPM and its sister sites.