FRANKFORT, Ky. — The City of Frankfort did not violate the state Open Records Act when it withheld investigatory records related to a fatal December shooting on the Kentucky State University campus, according to a decision issued May 1 by the Office of the Attorney General.

In the ruling, Open Records Decision 26-ORD-190, Attorney General Russell Coleman's office concluded that the Frankfort Police Department adequately invoked the law enforcement exemption under Kentucky Revised Statute 61.878(1)(h) to shield records of the December 9 incident and subsequent investigation from public disclosure.

Travon Byers had requested records related to the shooting that occurred on the Kentucky State University campus. The city denied the request, citing concerns that disclosure would expose potential witnesses to "undue influence, including threats or intimidation" and would prejudice prospective jurors by revealing investigative details before trial.

The Attorney General's office found that the city properly explained how release of the records would disclose witness identities and could compromise the investigation, meeting the requirements for invoking the exemption. The decision noted that Kentucky State University had canceled classes and campus activities following the incident, with counseling services made available to students and staff.

However, the decision included a significant development: after Byers filed his appeal, the city stated it would provide redacted versions of the records to him because the Commonwealth's Attorney confirmed no prosecution would be pursued in the matter, meaning the records are no longer exempt under the statute.

The ruling comes amid broader evolution in Kentucky open records law. The General Assembly amended KRS 61.878(1)(h) in 2025 to use language that agencies need only show disclosure "could harm" an investigation, rather than "would harm" it, a less stringent standard.

Parties aggrieved by the decision may appeal to circuit court within 30 days, with notice to be sent to the Attorney General's office.