Federal prosecutors seek retrial for former detective shot at by Breonna Taylor's boyfriend

The Biden Department of Justice failed to get a conviction last month in the federal civil rights case against the former Louisville detective who returned fire during a drug raid when shot at by Breonna Taylor's boyfriend.

Despite admitting ahead of the Nov. 17 mistrial that it would take "enormous resources ... to retry this case," federal prosecutors revealed this week they plan to refile charges against former Detective Brett Hankison.

What's the background?

Louisville Metro Police Department narcotics detectives attempted to execute a "no-knock" search warrant around 12:43 a.m. on March 13, 2020. The apparently falsified warrant pertained to a drug investigation involving 26-year-old Breonna Taylor's ex-boyfriend, Jamarcus Glover.

Police indicated they knocked repeatedly, announced their presence, then utilized a ram to gain entry. At the time, Taylor was inside the apartment with her then-boyfriend, Kenneth Walker, reported WHAS-TV.

When the police got the door open, Walker opened fire, striking Sgt. Jonathan Mattingly in the upper thigh and hitting his femoral artery. Officers returned fire.

In the exchange, Taylor was struck multiple times and killed. Mattingly survived, and Walker, initially charged with attempted murder of a police officer, later had his case dismissed.

Hankison reportedly fired 10 shots during the incident but did not hit Taylor or anyone else. He was nevertheless kicked off the force in June 2020 and ended up being the only officer criminally charged in the raid — with three counts of wanton endangerment.

The former detective was ultimately found not guilty of the wanton endangerment state charges last year.

Mistrial

Attorney General Merrick Garland — facing sustained pressure from Taylor's family and activists — announced charges for Hankison and the other officers involved in the fatal raid in August 2022.

Hankison was indicted accordingly for two civil rights offenses and accused of willfully using "unconstitutionally excessive force, while acting in his official capacity as an officer, when he fired his service weapon into Taylor’s apartment through a covered window and covered glass door."

The indictment noted that multiple bullets fired by the former detective traveled through the wall of Taylor's apartment and into neighboring apartments, endangering a pregnant woman, her partner, and their son.

During the trial, the former detective claimed his actions were the result of an attempt to defend himself and his fellow officers after seeing Mattingly catch a bullet from a shadowy figure who he figured was armed with a rifle, reported CNN.

"I felt helpless knowing that I had a handgun and I was facing rifle fire," Hankison testified. "Even though I had a tactical vest on, I knew that was no match for if the shooter came out with the rifle."

"I knew they were trying to get to him, and it appeared to me they were being executed with this rifle," continued Hankison. "I returned fire through the sliding glass door, and that did not stop the threat."

The Hill reported that after several days of deliberation in November, the 12-member jury notified U.S. District Judge Rebecca Grady Jennings that they were at an impasse. Jennings implored them to keep trying. While they obliged her, their continued efforts were in vain.

Learning that the jury was deadlocked on both counts against Hankison, Jennings declared a mistrial on Nov. 17.

"I think the totality of the circumstances may be beyond repair in this case," said Jennings. "They have a disagreement that they cannot get past."

As the 47-year-old former officer was not acquitted, he remained susceptible to a retrial.

Retrial

While federal prosecutor Michael Songer indicated a retrial will be costly, an attorney for the Taylor family told reporters last month, "The assistant U.S. attorneys from the Department of Justice did indicate that it is their intention to retry Brett Hankison in this case."

Sure enough, federal prosecutors informed Hankison during a status hearing Wednesday that they plan to refile charges, the former detective's attorneys, Stew Matthews and Ibrahim Farag, confirmed to CNN.

A status hearing is reportedly set for Jan. 24, and a trial date has tentatively been set for Oct. 14.

Jack Byrd, another attorney for Hankison, filed a new motion of acquittal over the weekend, noting, "The evidence presented by the government in this case is insufficient to sustain a conviction on any of the Counts."

Judge Declares Mistrial In Case Of Former Officer Charged In Breonna Taylor Raidyoutu.be

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