LOUISVILLE, Ky. — Criticism of Louisville Metro Police is mounting as the March shooting death of Breonna Taylor, a 26-year-old Louisville ER technician killed in her own home has come under national scrutiny.
Police officers entered Taylor’s home in the early morning hours of March 13 as part of a narcotics investigation, with officers returning fire after one of the members of the Criminal Interdiction Squad was shot in the apartment.
Taylor was struck at least eight times, dying in the hall of her apartment.
“It felt like no one was listening,” Tamika Palmer, Taylor’s mother, said on Memorial Day. “Like no one cared what happened here. … It was frustrating. It was lonely. It was miserable.”
Two months after she died, Taylor’s death became a national story, with activists, celebrities and members of Congress speaking up about her death. Since then, the FBI has opened an investigation into the case, charges stemming from that night against Taylor’s boyfriend have been dropped and hundreds of protesters have taken to Louisville streets, demanding justice for Taylor.
Louisville Metro Police Chief Steve Conrad has been fired, following a separate police shooting June 1 where officers had not turned on their body cameras, violating police policy. David McAtee, the owner of the popular YaYa’s BBQ in the Russell neighborhood, was fatally shot.
Conrad previously had announced his retirement for the end of June amid criticism surrounding Taylor’s death.
Records show that Taylor was not the main target of the investigation, but she and her apartment were specifically named on the search warrant that led police to her home that night. Taylor’s boyfriend, Kenneth Walker, was not named on the warrant or the investigation.
No drugs were recovered from the apartment.
A defense attorney for Walker has claimed in court filings that Walker fired in self-defense, believing the home was being broken into because police didn’t announce themselves.
Spokespeople for the police department have declined to answer many questions about the case, citing an ongoing internal investigation into Taylor’s shooting. But, they did say officers announced their presence.
Here’s what to know to date:
Who was Breonna Taylor?
Taylor, 26, was an ER technician who had worked at two area hospitals, Palmer told The Courier Journal. Taylor had previously worked as a certified EMT, and aspired to further her career in health care.
“She had a whole plan on becoming a nurse and buying a house and then starting a family. Breonna had her head on straight, and she was a very decent person,” Palmer said. “She didn’t deserve this. She wasn’t that type of person.”
Family members described her as kind, hardworking and honest and that they were angry she was dead at age 26.
“She really did not deserve to end her life so horrifically,” said Taylor’s aunt, Bianca Austin.
Why were police at Taylor’s home?
Though Taylor was not the main target of the narcotics investigation that prompted Louisville Metro Police officers to enter her home, the officers did have a search warrant for her and her apartment.
Her death has raised questions about why police waited until 12:40 a.m. to serve the warrant and fired more than 20 rounds into her home, particularly, activists and attorneys have said, since Taylor and her boyfriend were not the main subjects of the search warrant.
The warrant did include Taylor’s home and had a “no-knock” provision, meaning that police could enter her house without identifying themselves as law enforcement. However, LMPD officials have said the officers knocked and announced their presence before using a battering ram to enter the home.
Taylor’s address was listed in the warrant, records show, based on police’s belief that one of the narcotics investigation’s main suspects, Jamarcus Glover, used her home to receive mail, keep drugs or stash money earned from the sale of drugs.
A detective wrote in an affidavit summarizing the investigation that led to the warrant that Glover walked into Taylor’s apartment one January afternoon and left with a “suspected USPS package in his right hand,” then got into his car and drove to a “known drug house” on Muhammad Ali Boulevard.
Jaynes verified through a U.S. postal inspector, according to the affidavit, that Glover had been receiving packages at Taylor’s address.
A U.S. postal inspector in Louisville, however, previously told WDRB News that LMPD didn’t use his office to verify that Glover was receiving packages at Taylor’s apartment.
Postal inspector Tony Gooden told WDRB that a different agency had asked in January to look into whether Taylor’s home was receiving suspicious mail, but that the office had concluded it wasn’t.
Attorney Benjamin Crump, a Florida-based attorney known for his involvement in high-profile cases of black Americans killed in shootings, wrote in a news release that Gooden’s statement “directly contradicts what the police stated in the affidavit to secure a no-knock warrant for her home.”
A lawsuit filed recently by Taylor’s family against the three LMPD officers involved in her shooting says police had identified Glover at a home more than 10 miles from Taylor’s before police executed the warrant at Taylor’s residence.
No body camera footage is available, Conrad said in the aftermath of the shooting, because his Criminal Interdiction Squad does not use that equipment.
Prominent civil rights attorney Ben Crump has been hired by the family of a black woman who was fatally shot by Louisville, Kentucky police in her home. Breonna Taylor, was killed on March 13th. (May 13) AP Domestic
What is a ‘no-knock’ warrant?
Police can seek “no-knock” entry, meaning they don‘t have to identify themselves before entering a residence or business, if there is a reasonable suspicion that knocking would be dangerous, futile or inhibit the “effective investigation of the crime,” LMPD’s policies state.
In this case, police said it was necessary at Taylor’s house because “these drug traffickers have a history of attempting to destroy evidence, have cameras on the location that compromise detectives once an approach to the dwelling is made, and have a history of fleeing from law enforcement.”
Taylor had no criminal history and Walker had no felony charges before the night of the shooting.
Civil rights advocates have long complained that no-knock warrants are dangerous and unnecessary.
Even with the no-knock warrant, Louisville police have said they identified themselves before using a battering ram to enter Taylor’s residence.
Representatives for Walker and Taylor’s family say that isn’t true, and that neighbors have said the same.
On May 22, Jefferson County Commonwealth’s Attorney Tom Wine played a partial recording of statements from Walker during a press conference. Walker said he and Taylor heard a loud banging on the door, and yelled out asking who was there. Walker said they heard no response, so he grabbed his gun, feeling “scared to death.”
They got out of bed and were going toward the door when it “comes off its hinges” and Walker fired one shot, still unable to see, he told police.
What happened when police entered?
Two officers and one sergeant entered Taylor’s home “without knocking and without announcing themselves,” the lawsuit claims.
At least two other police officers, a lieutenant and an officer, were on the scene as a part of executing the warrant that night. However, LMPD officials named only the three who used their guns.
Taylor and her boyfriend, Walker, woke up to the unannounced entry and believed their home was being broken into, according to the suit.
“While police may claim to have identified themselves, they did not. Mr. Walker and Ms. Taylor again heard a large bang on the door. Again, when they inquired there was no response that there was police outside. At this point, the door suddenly explodes. Counsel believes that police hit the door with a battering ram,” Rob Eggert, who is defending Walker, wrote in a motion.
Walker, acting in self-defense, according to Eggert, then fired one gunshot, hitting LMPD Sgt. Jonathan Mattingly in the femoral artery in his thigh. Police have said Mattingly later underwent surgery and was expected to make a full recovery.
After Walker’s shot, LMPD officers returned fire, police say.
The lawsuit says officers “failed to use any sound reasonable judgment” and fired “more than 25 blind shots into multiple homes.”Bullet holes were found in at least one neighboring apartment unit.
Eggert has said he inspected the apartment building on Springfield Drive where Taylor lived and found evidence of 20 gunshots fired into the building, some of which entered other apartments.
During the gunfire, Taylor was struck at least eight times and died.
A search warrant that police obtained to search Taylor’s home less than three hours after she was killed indicates that police may have believed it was Taylor, not Walker, who shot at police.
The statement in the warrant’s affidavit says a “subject inside the residence was armed with a(n) unknown gun and fired a shot striking a detective. In the course of protecting themselves and other civilians, detectives returned gunfire and struck the subject (an) unknown number of times. The subject collapsed inside the listed residence and subsequently (was) pronounced deceased on scene.”
During Wine’s press conference, he revealed that Walker initially said Taylor was the shooter.
In a clip of Walker’s recorded interview, played Friday, he was heard explaining that he said that because he was scared.
“I had no reason to say it, like I say, my gun is legal and everything,” he said. “Clearly, I was scared. I don’t know.”
Wine explained after the clip that he thought it was “important that the public knows” the information Walker initially provided police because police documents listed Taylor as a suspect, despite the fact she was unarmed.
“Police were not trying to disrespect Ms. Taylor in any way,” Wine said. “They were acting on the information that was given to them by Mr. Walker.”
According to Walker’s arrest citation, he gave a statement shortly after the incident stating that he was the sole person to fire a weapon in Taylor’s apartment.
What happened after Taylor’s death?
At a press conference the day of Taylor’s death, police said they were opening an internal investigation into the shooting and had placed the three officers involved on administrative reassignment.
Officials, who had yet to name Taylor, said she was shot and killed after three LMPD officers returned fire in her home. Walker, 27, was charged with attempted murder of a police officer, they announced.
Citing the ongoing investigation, officials said at the time it wasn’t known if Taylor was armed, or how many shots the officers and the suspects had fired.
Walker, later that month, was released from jail on home incarceration — infuriating the president of FOP Chapter 614, which represents Louisville Metro Police officers.
President Ryan Nichols said in a news release that Jefferson Circuit Judge Olu Stevens’ decision to release Walker, who also faced a first-degree assault charge, was a “slap in the face to everyone wearing a badge.”
Stevens’ decision was made over the objections of the Commonwealth’s Attorney’s Office, whose prosecutor argued that “one person is dead, and one person was almost killed due to Mr. Walker’s actions.”
But Eggert, Walker’s defense attorney, said it was really officers who were the danger: “In this case, the threat to the community came not from Kenneth Walker, but from police.”
“Had Breonna Taylor been killed by anyone except police, the person or persons responsible for her death would have been charged with a homicide,” Eggert wrote in a motion. “Kenneth Walker III is an innocent victim of police misconduct.”
What is the status of the investigation?
On May 20, Mayor Greg Fischer announced on Twitter that LMPD’s Public Integrity Unit provided its investigative file to the office of Kentucky Attorney General Daniel Cameron.
Because Wine’s office recused itself from the case, Cameron’s office or a special prosecutor he appoints will decide what, if any, criminal charges
the officers should face for the night Taylor died.
Fischer also announced that the FBI and U.S. Attorney were provided copies of the investigation.
Should there be any additional requests, Fischer said, the PIU will handle the follow-up.
Additionally, the FBI announced on May 21 that it would open its own independent investigation into Taylor’s death.
On May 22, Sen. Kamala Harris of California and Rep. Lucy McBath of Georgia asked the federal Department of Justice investigate Taylor’s death and LMPD for any “pattern or practice of constitutional violations.”
What happened to Kenneth Walker?
Walker remained on home incarceration for nearly two months following the shooting.
But as Taylor’s death gained attention, so did calls for Walker’s criminal charges to be dismissed. A GoFundMe for his legal defense raised more than $210,000, and Metro Councilwoman Jessica Green, D-1st District, called him a “hero” for trying to protect his girlfriend.
On May 22, Wine announced he was dismissing the charges against Walker, citing the need for further investigation.
“I believe that additional investigation is necessary,” Wine said.
But Wine said Walker’s case could be presented to a grand jury a second time, depending on the results of investigations by the FBI and Kentucky Attorney General’s Office.
Still, Walker’s attorney, Rob Eggert, said he was “thrilled” by the dismissal.
“Theoretically, they can bring it back,” he said, “but now he is freed from home incarceration and can go on with his life.”
What do we know about the involved officers?
Three LMPD officers were involved in serving the warrant on Taylor’s home: Sgt. Jonathan Mattingly and Officers Brett Hankison and Myles Cosgrove.
Mattingly was shot in the leg and taken to University of Louisville Hospital, where he underwent surgery. All three have been placed on administrative leave pending an internal investigation.
Cosgrove was previously sued for excessive force by a man he shot in 2006 at a Speedway gas station in the East End after the man allegedly backed his car toward the officer at a high rate of speed. A federal judge eventually sided with Cosgrove in the case, according to court records.
The suit also claims that Hankinson “has a prior history of unnecessary force and corruption within his employment,” and that his use of force history documents “dozens of situations where he has sent citizens to the hospital for injuries from being tased, pepper-sprayed and struck repeatedly in the nose and eyes.”
Have any policies changed since Taylor’s death?
New policy changes will require greater use of body cameras by Louisville police and more scrutiny of no-knock warrants.
Fischer announced the updates on May 18, saying that all no-knock warrants will now require the police chief or his designee to sign off on them before going to a judge for final approval. This, he said, will provide “an additional level of scrutiny.“
Under the changes:
- A report will be completed each time a judge signs a no-knock warrant, regardless of whether it was served.
- The commanding officer signing off on a search warrant will review the investigative materials prior to its approval “to ensure sufficiency of the investigative preparation and probable cause to support issuance.”
- Nonuniformed officers entering a home will wear a vest, jacket or other visible indicator that they are police.
- Any search warrant where forced entry is expected will have to have a uniformed officer and marked police vehicle respond.
- A no-knock warrant will need department approval from the chief or his designee, in addition to a lieutenant and the division commander.
- All no-knock warrants will be served by the SWAT team.
- All no-knock warrants must be served between 8 a.m. and 10 p.m., “unless exigent circumstances exist.”
Additionally, Fischer said the department’s body camera policy will now require all sworn officers to wear cameras when serving warrants or in any situation in which they will identify themselves as police officers.
The policy now specifically states that even officers in an investigative unit will be required to activate their body cameras “for all law enforcement activity.”
“When executing a search warrant, the (wearable video system) will be activated during entry,” it states.
The changes come in response to two major concerns in Taylor’s death: that police were acting on a no-knock warrant, and that those officers were not wearing body cameras.
Fischer, the morning after the first mass protest for Taylor on May 28, temporarily suspended no-knock warrants, telling protesters, “I hear you.”
But Louisville Metro Council has moved forward with legislation, dubbed “Breonna’s Law” to permanently curtail the approved uses of no-knock warrants.
Under the proposed ordinance, which passed through the council’s Public Safety Committee on June 3, no-knock warrants could only be sought when there is “imminent threat of harm or death” and would be limited to offenses including murder, hostage-taking, kidnapping, terrorism, human trafficking and sexual trafficking.
It additionally codifies expanded use of body cameras and would set into statute approval of no-knock warrants by the chief or his designee.
“Louisville has the opportunity to lead the way in ensuring black communities will no longer have to suffer under the weight of injustice. Before this community starts to heal, we must rectify harm that has been done,” said Keturah Herron, a field organizer with the American Civil Liberties Union of Kentucky, who spoke at the committee meeting in favor of banning no-knocks.
“Part of that reconciliation is passing legislation and getting rid of practices that continue to terrorize and harm communities,” Herron said Wednesday.
The legislation is expected to be voted on by the full Metro Council Thursday.
Fischer has also created a work group of community, public safety and criminal justice leaders to explore creating stronger civilian review of the police department. A recommendation by the group — including any state or local law changes — is expected before July 1.
The mayor has called for any new civilian review group or individual to have subpoena powers, which activists and community leaders have demanded.
A federal judge has ruled all Kentucky churches can hold in-person services starting Sunday, May 10, so long as they practice social distancing and hygiene guidelines set by the Centers for Disease Control and Prevention.
U.S. District Judge Gregory F. Van Tatenhove made the ruling Friday evening. It’s a result of the lawsuit Tabernacle Baptist Church in Nicholasville, Ky., filed against Gov. Andy Beshear, D-Kentucky.
“Governor Beshear’s orders unlawfully target religious worship and violate the First Amendment,” said Roger Byron, Senior Counsel for First Liberty Institute.
Judge Van Tatenhove built his ruling on the enduring protections and powers the Constitution grants to Americans within the First Amendment. You can read the full order below.
The judge said meeting in-person was ‘essential’ for the church, and while the governor can put a stop to that, with reason, currently, that reason does not exist despite “an honest motive.”
The church argued that it “has a sincerely-held religious belief that online services and drive-in services do not meet the Lord’s requirement that the church meet together in person for corporate worship.” The governor’s order, according to the church, violates its First Amendment rights to exercise freedom of religion and freedom of assembly.
Judge Van Tatenhove focused on the freedom of religion in his Friday ruling.
Gov. Beshear’s legal time has argued in this lawsuit and similar ones that the ban on mass gatherings is constitutional because it is applied to all mass gatherings, not religious ones specifically.
In his ruling, Judge Van Tatenhove wrote, “The orders at issue do not simply restrict religious expression; they restrict religious expression in an attempt to protect the public health during a global pandemic.”
Precedent does give the governor some leeway in enacting certain orders during public health emergencies, said the judge, however, “constitutional rights still exist.” But the judge decided the current orders are “beyond what is reasonably required.”
The judge also delved into the difference between religious and secular settings and how the governor’s applied to them.
“Evidence that the risk of contagion is heightened in a religious setting any more than a secular one is lacking,” wrote Judge Van Tatenhove, “If social distancing is good enough for Home Depot and Kroger, it is good enough for in-person religious services which, unlike the foregoing, benefit from constitutional protection.”
Tabernacle Baptist Church said it was committed to worshiping with social distancing guidelines in place.
Judge Van Tatenhove granted the church’s request for a temporary restraining order, which will apply to all churches in Kentucky.
“The church will gather together for worship on Sunday with grateful hearts and observe the CDC’s guidelines to keep everyone safe and well,” said Byron.
Attorney General Daniel Cameron, R-Kentucky, said the ruling protects Kentuckians’ religious liberties after two rulings in federal courts came down Friday.
“I encourage all houses of worship to prayerfully and carefully consider when it is the right time to resume in-person services consistent with health guidelines. Although these rulings protect the religious liberty of Kentuckians, we must continue to do our part to protect the health of our fellow citizens by reopening carefully,” said Cameron.
Houses of worship are in phase one of the governor’s Healthy at Work initiative. The governor said churches, mosques, synagogues, etc., can hold in-person services on May 20 with guidelines in place.
Judge Van Tatenhove Opinion… by WKYT on Scribd
Rep. Thomas Massie accused of endangering fellow lawmakers
John Kerry, the former secretary of state and longtime Senate Democrat, quipped Friday that he “finally” agreed on something with President Donald Trump — that Republican Rep. Thomas Massie of Kentucky was way out of line.
“Congressman Massie has tested positive for being an asshole,” tweeted Kerry, his party’s presidential nominee in 2004 and the owner of numerous Vietnam combat medals. “He’s given new meaning to the term #Masshole. (Finally, something the president and I can agree on!).”
Massie was drawing flak from across the political spectrum after indicating that he may call for a roll-call vote in the House for a $2 trillion stimulus package, in a development that could delay passage of the measure. House Speaker Nancy Pelosi had been counting on a relatively quick voice vote on Thursday with “strong bipartisan” support.
Trump, for his part, tweeted Friday that the Kentuckian is “a third rate Grandstander” who can’t stop the package but only delay it. The president said that would be dangerous and costly, and he suggested Massie should be thrown out of the Republican Party.
Massie, a libertarian-leaning conservative who has been called “Mr. No,” has said he objects to the huge package because of how much it adds to the national debt, and he has said he could support it if the legislation were just about helping people get more unemployment benefits. He is known for moves such as providing the lone vote against a recent Hong Kong human-rights bill.
Other members of Congress were criticizing Massie for putting his fellow legislators at risk on Friday. Lawmakers had been forced to return to Washington, D.C., for the possible roll-call vote, as opposed to the unanimous consent that Pelosi initially aimed for. Many lawmakers are seniors, a group viewed as at higher risk of becoming seriously ill or dying from the new coronavirus causing the disease COVID-19.
Republican Rep. Pete King of New York tweeted that there was “risk of infection and risk of legislation being delayed” because of “one Member of Congress refusing to allow emergency action.” King said it was “disgraceful” and “irresponsible.”
The House’s sergeant at arms warned lawmakers and their staffs in a letter Thursday to “maintain 6-foot social distance spacing as much as practicable” to fight the pandemic’s spread. “In the event of a recorded vote, Members will be notified. At such time, voting will be done alphabetically in groups of 30 Members over an extended period of time,” the letter said.
U.S. stocks DJIA, -3.010% SPX, -2.729% were down Friday and have been hammered this month by coronavirus-related worries, though Tuesday, Wednesday and Thursday brought gains that analysts pinned on stimulus hopes. The Republican-led Senate unanimously passed the stimulus package late Wednesday, and Trump is expected to sign it into law quickly once the House acts.
Mitch McConnell dropped sanctions on Oleg Deripaska after they offered to investion over $1 billion in an aluminum plant in Kentucky.