People gather in Jefferson Square awaiting word on charges against police officers, Wednesday, Sept. 23, 2020, in Louisville, Ky. A grand jury has indicted one officer on criminal charges six months after Breonna Taylor was fatally shot by police in Kentucky. The jury presented its decision against fired officer Brett Hankison Wednesday to a judge in Louisville, where the shooting took place. (AP Photo/Darron Cummings)
By DYAN LOVAN and PIPER HUDSPETH BLACKBURN
(Updated 09/23/20) LOUISVILLE, Ky. (AP) — A Kentucky grand jury brought no charges against Louisville police for the killing of Breonna Taylor during a drug raid gone wrong, with prosecutors saying Wednesday that two officers who fired their weapons at the Black woman were justified in using force to protect themselves after they faced gunfire.
The only charges were three counts of wanton endangerment against fired Officer Brett Hankison for shooting into a home next to Taylor’s that had people in it. The FBI is still investigating potential violations of federal law in connection with the raid at Taylor’s home on the night of March 13.
Ben Crump, a lawyer for Taylor’s family, denounced the decision as “outrageous and offensive,” and protesters shouting, “No justice, no peace!” marched through the streets.
Police in Louisville, Kentucky, said Wednesday night that an officer had been shot. It’s not clear if it happened during the protests and no other details were immediately released.
Scuffles have broken out between police and protesters, and some were arrested. Officers in riot gear fired flash bangs and a few small fires burned in a square that’s been at the center of protests, but it had largely cleared out ahead of a nighttime curfew and demonstrators marched through other parts of downtown Louisville. Dozens of police cars blocked the city’s major thoroughfare.
Demonstrators also marched in cities like New York, Chicago, Washington, D.C., Atlanta and Philadelphia.
Taylor, an emergency medical worker, was shot multiple times by white officers who entered her home on a no-knock warrant during a narcotics investigation. State Attorney General Daniel Cameron, however, said the investigation showed the officers announced themselves before entering. The warrant used to search her home was connected to a suspect who did not live there, and no drugs were found inside.
Along with the killing of George Floyd in Minnesota, Taylor’s case became a major touchstone for nationwide protests that have drawn attention to entrenched racism and demanded police reform. Taylor’s image has been painted on streets, emblazoned on protest signs and silk-screened on T-shirts worn by celebrities. Several prominent African American celebrities joined those urging that the officers be charged.
The announcement drew sadness, frustration and anger that the grand jury did not go further. The wanton endangerment charges each carry a sentence of up to five years.
“To not indict the officers for murder is to claim #BreonnaTaylor killed herself. Racist America constantly kills Black people and then tells Black people we killed ourselves,” tweeted Ibram X. Kendi, director of the Center for Antiracist Research at Boston University and the author of “How to Be an Antiracist.”
Morgan Julianna Lee, a high school student in Charlotte, North Carolina, watched the announcement at home.
“It’s almost like a slap in the face,” the 15-year-old said by phone. “If I, as a Black woman, ever need justice, I will never get it.”
Right after the decision, protesters began gathering in Louisville, with some preparing food and others bringing cases of water to “Injustice Square,” the park where people have demanded justice for Taylor.
Breonna Taylor and Officer Brett Hankison. (AP Photos)
While the rallies were largely peaceful, police in protective gear carrying batons mobilized in downtown, and some scuffles broke out. Officers could be seen handcuffing some people. Police also ordered a group that broke off from the protests to disperse, warning that chemical agents might be used if they didn’t.
Gov. Andy Beshear, a Democrat, said he authorized a limited deployment of the National Guard. Guard members and armored military vehicles were in downtown Louisville, and streets were blocked off with barricades, fences and large trucks.
Beshear also urged Cameron, the state attorney general, to post online all the evidence that could be released without affecting the charges filed.
“Those that are currently feeling frustration, feeling hurt, they deserve to know more,” he said.
The case exposed the wide gulf between public opinion on justice for those who kill Black Americans and the laws under which those officers are charged, which regularly favor police and do not often result in steep criminal accusations.
At a news conference, Cameron spoke to that disconnect: “Criminal law is not meant to respond to every sorrow and grief.”
“But my heart breaks for the loss of Miss Taylor. … My mother, if something was to happen to me, would find it very hard,” he added, choking up.
But Cameron, who is the state’s first Black attorney general, said the officers acted in self-defense after Taylor’s boyfriend fired at them. He added that Hankison and the two other officers who entered Taylor’s apartment announced themselves before entering — and so did not execute the warrant as “no knock,” according to the investigation. The use of no-knock warrants has since been banned.
“According to Kentucky law, the use of force by (Officers Jonathan) Mattingly and (Myles) Cosgrove was justified to protect themselves,” he said. “This justification bars us from pursuing criminal charges in Miss Breonna Taylor’s death.”
Cameron said an FBI crime lab determined that Cosgrove fired the bullet that killed Taylor.
Taylor’s boyfriend, Kenneth Walker, opened fire when police burst in, hitting Mattingly. Walker was charged with attempted murder of a police officer, but prosecutors later dropped the charge.
Walker told police he heard knocking but didn’t know who was coming into the home and fired in self-defense.
Cameron, who is a Republican, is a protégé of Senate Majority Leader Mitch McConnell who has been tagged by some as his heir apparent. His was also one of 20 names on President Donald Trump’s list to fill a future Supreme Court vacancy.
At a news conference, Trump read a statement from Cameron saying “justice is not often easy.” He praised both Cameron’s handling of the case and the governor’s calling up of the National Guard.
Democratic presidential nominee Joe Biden told reporters that he didn’t have enough information on the decision to comment fully but warned protesters to keep demonstrations peaceful.
“Do not sully her memory or her mother’s by engaging in any violence,” he said.
Kamala Harris, Biden’s running mate and a former prosecutor, also told reporters she hadn’t fully read the decision.
“But there’s no question that Breonna Taylor and her family deserved justice yesterday, today and tomorrow, so I’ll review it,” she said.
Hankison was fired on June 23. A termination letter sent to him by interim Louisville Police Chief Robert Schroeder said the white officer had violated procedures by showing “extreme indifference to the value of human life” when he “wantonly and blindly” fired his weapon.
Mattingly, Cosgrove and the detective who sought the warrant, Joshua Jaynes, were placed administrative reassignment.
Last week, the city settled a lawsuit against the three officers brought by Taylor’s mother, Tamika Palmer, agreeing to pay her $12 million and enact police reforms.
Lovan reported from Frankfort, Kentucky. Associated Press writers Bruce Schreiner and Rebecca Reynolds Yonker in Louisville, Kentucky, Kevin Freking in Washington, Aaron Morrison in New York and Haleluya Hadero in Lancaster, Pennsylvania, contributed.
Hudsbeth Blackburn is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
This story has been updated to clarify that, according to the investigation, officers did not execute the warrant as a no-knock warrant, not that they didn’t use a no-knock warrant.
This story has been edited to clarify that the shots fired by Hankison entered another home with people inside, not several homes.