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NICHOLASVILLE, Ky. (AP) — A grand jury in central Kentucky has declined to indict a police officer who police say mistakenly drew his gun and shot a man when he intended to use his Taser to break up a fight.

The incident happened in April when Nicholasville police Lt. Bill Jones and another officer were assisting in a child custody exchange outside the police department.

Police said at the time that Jones meant to use his Taser but instead drew his pistol and shot 26-year-old Michael W. McCarty of Jessamine County.

McCarty’s ex-wife, Amanda McCarty, and her boyfriend, Nathan MacLaren, were at the department to pick up McCarty’s son. Police said Michael McCarty punched MacLaren in the head. He is charged with misdemeanor assault and is scheduled for trial Sept. 19.

A Jessamine County grand jury that met in June declined to indict Jones.

Michael McCarty’s lawyer, Gatewood Galbraith, told the Lexington Herald-Leader he plans to file a lawsuit over the incident.

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