LOUISVILLE, Ky. — During closing arguments on Wednesday, federal prosecutors likened the actions of former Louisville police detective Brett Hankison to a “drive-by shooting,” as he fired ten rounds into Breonna Taylor’s apartment during a police raid that ended in her tragic death in 2020. The prosecution claimed that Hankison, who could not see his target, irresponsibly fired his weapon, violating the civil rights of both Taylor and her neighbors. The jury, consisting of six men and six women, is now deliberating on two federal charges against Hankison, which carry the potential of a life sentence if he is found guilty.
Hankison’s previous federal trial concluded with a mistrial due to a jury unable to reach a definitive verdict. In a subsequent state trial in 2022, he was acquitted of wanton endangerment charges. This latest retrial focuses on the events of the ill-fated raid, where Hankison discharged his weapon after one of his colleagues was hit by a bullet fired by Taylor’s boyfriend, who was present in the apartment during the incident. The police returned fire, resulting in Taylor’s death. Following the initial shots, Hankison moved away from the doorway and fired into Taylor’s sliding glass door and window.
“In situations of deadly force, a fundamental rule stands: if an officer cannot see a target, they should not pull the trigger,” Assistant U.S. Attorney Michael Songer stated in his closing remarks. Testimony from various officers and Louisville Police Chief Paul Humphrey reinforced the expectation that officers must identify a target before discharging their weapons. Remarkably, Hankison’s shots did not hit anyone, although they penetrated a neighboring apartment, posing a grave danger to two residents inside.
Songer emphasized that Hankison’s actions resembled those of a drive-by shooting as he rapidly fired into the apartment’s opposing sides. Contrarily, Hankison’s defense team characterized the evening of the raid as chaotic and intense, as Hankison sought to protect his fellow officers during a significant threat. They contended that Hankison had volunteered for the raid and that the officers were misinformed about the presence of multiple occupants in Taylor’s unit.
“This case revolves around the ten shots discharged by Brett Hankison, none of which struck anyone,” attorney Don Malarcik defended. Malarcik highlighted that Hankison was, in essence, charged with infringing upon the constitutional rights of individuals he did not know existed. Earlier testimony from Hankison indicated that he believed an armed person was shooting at officers from within the apartment. He described attempting to seek cover while returning fire due to the muzzle flashes he observed.
However, it was revealed that Taylor’s boyfriend, Kenneth Walker, was in possession of a handgun, not an assault rifle, and he fired only one shot that wounded former Sgt. Jonathan Mattingly in the leg. Mattingly and another officer retaliated with 22 shots, some of which struck Taylor. Malarcik pointed out the severe injury Mattingly sustained, noting he was in life-threatening condition before receiving medical assistance.
“Malarcik stressed that Hankison was fulfilling his duty to protect lives that night. Mattingly also testified he had seen a person holding a gun just before the altercation ensued, while Walker maintained he believed intruders were breaching his home when police burst through the door. Hankison was one of four officers charged by the U.S. Department of Justice in 2022 for civil rights violations related to Taylor’s death, facing two counts that could result in a life sentence upon conviction. The other officers involved were linked to the crafting of the search warrant for the operation.