Shortly after midnight on Monday, March 13, 2020, Sergeant Jonathan Mattingly, Detective Brett Hankison, and Detective Myles Cosgrove, of the Louisville, Kentucky Metro Police Department (LMPD) forced themselves into Breonna Taylor’s apartment to a search warrant. Soon thereafter, Breonna Taylor was dead.
It’s six months later.
What’s happening on the matter?

The Current Status
The LMPD banned the use of no-knock search warrants, fired Hankison, and placed the other officers on paid administrative leave. In May 2020, Police Chief Steve Conrad announced his retirement. Around June, Louisville Mayor Greg Fischer, pursuant to unrest and police not utilizing body cameras in a June fatal shooting, instead fired Chief Conrod and appointed Robert Schroeder in his place. Chief Schroeder then announced his retirement effective October 1, 2020.  Mayor Fischer next named Yvette Gentry, a former LMPD officer, as interim chief.  The city is searching for a permanent replacement.

Taylor is currently a face of #SayHerName, which strives to remind the public that police brutality and social injustice also affects women. Protesters nationwide continue to march and demand that officials file criminal charges against the officers and institute other disciplinary measures.

Beyonce, Lizzo, Demi Lovato, John Legend, Katie Holmes, LeBron James, Jada Pinkett Smith, are just a few of the celebrities to express their views on social media. Many others are demanding that either the state or federal government arrest and file criminal charges against the officers. In September, Taylor graced Oprah Winfrey’s O Magazine cover. It was the first time in twenty-years that Winfrey allowed another person to do so. Winfrey also commissioned twenty-six billboards across Kentucky, one for every year of Taylor’s life, also demanding someone arrest of the officers. Taylor is also the subject of memes, tee-shirts, and fundraisers.

Around June 2020, Louisville banned “no-knock warrants.”  The U.S. House Democrats have already approved a bill banning federal no-knock warrants and Kentucky Senator Rand Paul proposed a similar Senate bill.

The Louisville Federal Bureau of Investigation (FBI) opened an investigation into the matter.  It offered no other comment other than it would conduct a fair and thorough examination.

In September 2020, CNN reported that a grand jury was meeting in an undisclosed location to deliberate the three officers’ fates. Kentucky Attorney General, Daniel Cameron, however, tweeted that daily contradictory rumors would not do anything to further justice. An attorney representing Taylor’s family also commented that no one had yet contacted her about a grand jury.

Why Hasn’t Any Government Entity Arrested and Charged the Officers with a Crime?
Mostly everyone wants the answer to this question. The facts and history of the case should provide an answer. But, what are the matter’s history and facts? In the six months since Taylor’s death, much of what the public thinks they know may be incorrect. How can that be? Well, the Internet and social media, as usual, spreads and re-spreads misinformation. But, some people have already made a decision. Celebrities are involved. What else is there to know?
Let’s take a look.

The Taylor Family Lawsuit
In May 2020, Sam Aguiar, a Louisville attorney, on behalf of Taylor’s family, filed a wrongful-death lawsuit against the three officers. News coverage appears to begin at this time.  

Around July 2020, Ben Crump took over the matter and amended the complaint. Crump is a nationally recognized personal injury and civil trial attorney. He also represents George Floyd, Jacob Blake, and Ahmaud Arbery’s families in their current lawsuits. As well, he represented Michael Brown, Tamir Rice, Trayvon Martin’s families, and other families and individuals with their police brutality and wrongful death and personal injury matters. He’s a National Black Justice Coalition board member and helped organize rallies for the Flint Michigan Water Crisis.  

According to the, New York Times, the amended complaint claims that Mayor Fischer’s longing to rid the blighted neighborhood for redevelopment prompted the criminal matter against Glover and the March 13, 2020 invasion upon Taylor’s apartment. It also contends that after police shot Taylor, she remained alive and suffered for up to six minutes, but no one offered her any medical aid.

In July 2020, Taylor’s family, the city, and the police agreed to a protective order that prevents the release of records to the public. The docket only reveals that the next proceeding, a settlement hearing, will take place in April 2022.

Why Did the Police Want to Search Taylor’s Apartment?
Detective Joshua Jaynes prepared the LMPD police reports that led to the search warrant upon Taylor’s apartment. She was not the subject of the investigation.

The LMPD suspected Glover, a previously convicted drug dealer, and another man of selling drugs. In January 2020, a pole camera snapped a photo of a car registered in Taylor’s name outside a known narcotics house. The camera also caught Glover exiting the car from the passenger side.

Jefferson County Circuit Judge Mary Shaw executed a search warrant that stated:

• Glover personally picked up a package from Taylor’s residence.
• The postal service confirmed Glover was receiving packages at Taylor’s address.
• Glover listed Taylor’s phone number as his on a February 2020 complaint against the LMPD (for towing his Dodge Charger for parking violations).
• Glover listed Taylor’s address as his on a Chase Bank account (on March 19, 2020 – six days after her death).

The LMPD administratively reassigned Jaynes pending the investigation of the search warrant.  

What Happened March 13, 2020?
The New York Times reports that Taylor and her boyfriend, Kenneth Walker, were in bed. They heard a loud banging at the door and got up. Walker later told police that he feared Taylor’s ex-boyfriend was attempting to break in. After police broke the door off, Walker fired a gun that legally owned and for which he has a legal conceal and carry permit. Mattingly was shot in the leg. Walker then stated that, after police shot Taylor, she fought to breathe for at least five minutes. 

The Louisville Courier Journal adds that Walker did not hear anyone announce themselves and thought intruders were breaking in. According to his arrest citation, he fired his weapon at 12:43 a.m. Mattingly, Cosgrove, and Hankison then returned fire, striking Taylor multiple times. The coroner’s office noted 12:48 a.m. as her time of death. The officers fired a total of twenty rounds.  Police Chief Schroeder claimed that Hankison fired ten of those rounds.

CNN reports stated that Walker told investigators that when he heard banging on the door, he thought it might be Glover and was concerned there would be trouble. When the firing subsided, Taylor was lying beside him, bleeding profusely.

Kenneth Walker Lawsuit
Though the commonwealth initially charged Walker with attempted murder of a police officer, it later dropped the charges without prejudice, meaning that it can later refile them, should it choose.

Around August 2020, Walker filed a civil lawsuit against the LMPD, the state, the mayor, and the commonwealth. Among other claims, he asserted that Kentucky’s “stand your ground law” protects him from prosecution and that he was not obligated to retreat.

In the complaint, Walker states he and Taylor were in bed when they heard a loud boom at the door. Taylor asked who it was, but no one responded. They got up, put on their clothes, and heard another knock. Taylor twice more asked, who it was, but received no response. They walked out of the bedroom and the front door opened. Walker then fired his gun to scare away the intruders.  It goes on to describe his ordeal that evening.

USA Today claims that Walker’s attorney, Steve Romines, told reporters that he did not believe Walker shot Mattingly and believed Mattingly’s injury resulted from police fire.

Brett Hankison Termination
By letter dated June 23, 2020, Chief Schroeder terminated Hankinson for violations of Standard Operating Procedures 5.1.2 and 9.1.12. He blindly used deadly force without confirming that such was aimed at anyone posing an immediate threat. He also failed to be aware of the direction in which he was firing and endangered other innocent lives. As well, he was previously disciplined for endangering another innocent individual.  

Hankison appealed his termination. In his Request for Merit Board Hearing, he claims that the chief fired him before gathering all investigative information and denied violating standard operating procedures. While the public is righteously angry over racial persecution, George Floyd’s death, and other events, it was wrong to assume what took place in Taylor’s apartment was similar. Fact checking of claims in the Courier Journal confirmed that public information is false.

The pertinent Louisville Metro Police Department Standard Operating Procedures are as follows:

• Standard Operating Procedure 5.1.2 (Obedience to Rules and Regulations: LMPD members will not violate any act that violates the laws and ordinances and will abide by the Standards of Ethical Conduct.
• Standard Operating Procedure 9.1.12 (Impact Weapons):  unless deadly force is justified, officers will avoid intentional strikes of impact weapons to the head, neck, throat, or clavicle.

Presentation of Findings
It took extensive research to gather and sort through what appeared to be legitimate information.  Even when details seemed accurate, sources often led to unreliable, outdated, or later-revised origins. This article includes the most sensible, reliable, and verifiable information. Links are provided for reader satisfaction.

This article earlier claimed that some public knowledge might be incorrect. Take for example, the Louisville Courier Journal review of the LMPD’s Place-Based Investigations Unit’s report regarding Glover. Such information pertained to Taylor’s relationship with Glover and contained additional reasons for justifying the search warrant. The newspaper admitted that the report was undated, that the preparing officer’s name was redacted, and that Mayor Fischer denounced its release. Furthermore, there are two dates on the article (August 25, 2020 and August 26, 2020) – the editor explains that an earlier version was published before final edits were made. Despite all this, numerous news sources link and sub-link to the article’s findings as fact, including the Washington Post and the New York Times. 

Another Louisville Courier Journal article debunks eight rumors regarding Taylor’s shooting. It was initially dated June 16, 2020, but was updated September 2, 2020. The editor’s note indicates that new evidence and theories updated the article. Other news sources also linked and sub-linked to this article, which originally debunked seven rumors.

A previously mentioned New York Times article discusses the incident report and claims it contains multiple errors (e.g. that it lists Taylor’s injuries as “none” and that officers did not force their way into the apartment). The linked incident report, however, is described as a “DEATH INVESTIGATION – LMPD INVOLVED” and Breonna Taylor is listed as the victim. While “no” is checked under forced entry, the rest of the report is either left totally blank or redacted. It is also unsigned.

Recall the protection order in the family’s civil lawsuit. The public is not to receive records.  Thus, all documents anyone receives are unreliable. Any unsigned document is unreliable.  Evaluations of anything unreliable is questionable. Repeated revisions of evaluations are questionable. This article, therefore, did not include any information that appeared unreliable or questionable.

These comments do not take into account the unreliable and questionable information lesser known news outlets published or the falsehoods and distortions social media spread. Such information was also not included.

The Supreme Court and the “No Knock” Warrant
The warrant Judge Shaw executed contained a no-knock provision. Such allows police officers enter a property without knocking or declaring their presence. Several Supreme Court cases apply. 

In the matter of Wilson v. Arkansas, 514 U.S. 927 (1995), the Court held that the Fourth Amendment embodies the common law (judicial precedent) condition that police officers must first “knock and announce” their presence before forcibly entering a property. Police may, however, enter without knocking when they have a reasonable suspicion that knocking and announcing endanger their lives or hinder the investigation. (Reasonable suspicion is a legal authority with which the officer draws through facts and experience)

In Richards v. Wisconsin, 520 U.S. 385 (1997), the Court verified that under Wilson, the Fourth Amendment did not allow a blanket exemption to the “knock and announce” requirement for felony drug investigations. While police officers may believe there is a threat of physical violence or a risk that suspects would destroy evidence should they provide advance notice, such does not eliminate the court’s scrutiny of the “knock and announce” reasonableness in a certain matter. In the particular case, the judge refused to issue a “no knock” warrant because the evidence at the time was insufficient. At the time the officer entered the premises, though, evidence was sufficient. The court, thus, must examine that the evidence at the time officers enter property.

Then, in Hudson v. Michigan, 547 U.S. 586 (2006), the Court held that the court only needs to contemplate the exclusionary rule when considering a “knock and announce” rule violation.   While the Court recognized that unannounced police entries might destroy property and incite violence from startled residents, the rule never protected an individual’s interest where government warrants were concerned. Social consequences versus rule violations need consideration. As Richards held, ignoring “knock and announce” rules really only prevent evidence destruction and side-step life-threatening dangers, so great deterrence is scarcely needed. Civil rights lawsuits are already controlling police misconduct, placing importance on internal police discipline, and increasing professionalism.

Louisville Metro Code of Ordinances (LMCO) Regarding Search Warrants
Standard Operating Procedure 8.1.19 Search Warrants (Notification), which referred to LMCO 39.069, stated that police officers will knock on the door in a manner in which the occupants can hear, and clearly announce themselves and their intent. They are then to wait a minimum of fifteen seconds before entering, that is unless urgent circumstances exist. Each situation is unique, however, and officers may forcibly enter.

Analysis
Was the “no knock” warrant legal? Many ask this repeatedly. Many discuss the truthfulness of Jaynes’ reports and Judge Shaw’s execution of the search warrant and “no knock” provision. In reviewing Hudson v. Michigan, 547 U.S. 586 (2006), however, as the courts only need to review the exclusionary rule, these questions may all be irrelevant.

Under Wilson v. Arkansas, should it apply, police would need a reasonable suspicion that Taylor would destroy evidence or endanger their lives. The courts need to speak to the officers and/or review police records. Under Richards v. Wisconsin, should it apply, courts would have to examine the evidence at the time the officers entered the property.

Then, again, did the officers provide Taylor an opportunity to open the door? Or, in other words, did they follow “knock and announce” rules? Walker’s complaint indicates that there may have been some opportunity to respond, but under LMCO rules, should that apply, was it at least fifteen seconds? It’s Walker’s word against the police officers’ and either a judge and/or jury’s job to figure it out.

Walker’s Firing Upon the Officers
Walker fired his gun at the officers when they attempted to enter Taylor’s apartment.  

Many overlook this part of the story when considering this matter. Should they? Is it relevant?  Should it be?

If Hudson does not apply, the courts might look to Richards (which came after Wilson). In considering the search warrant, the courts need to look at validity evidence at the time the officers entered the property. But, Walker fired on the officers at that time and a police officer was shot (as of yet, no one knows by whom). So, his firing might impact decisions regarding the search warrant’s validity.

The Marshall Project, a non-partisan, nonprofit news organization, looked at this matter. While most states restrict aggressors from asserting self-defense, most also say that police, when acting in their power, cannot be self-defense aggressors. And, generally, a citizen can only claim self-defense against a police officer when they don’t know that a police officer is attacking them.  The situation would then appear to be caught in an endless circle which with, again, a judge or jury would have to decide.

Can Any Government Entity Arrest and Charge the Officers with a Crime?
There may still be too many unanswered questions and too much unsubstantiated information for anyone to yet charge the officers. It’s still unclear whether or not a grand jury is actually deliberating anything and, if so, if it’s even a major development. Six months may seem long, but in legal terms, it’s not. Furthermore, Coronavirus concerns continue to delay government and professional office developments.

The Marshall Project mentioned “wanton indifference,” which Kentucky defines as intended and extremely dangerous and reckless behavior. The state doesn’t allow valid self-defenses against such behavior, so the state or the federal government could pursue such charges against the officers. Perhaps this could be something the state or federal government might use.