Defense attorneys called former Louisville police officers to recount the late-night police raid at Breonna Taylor’s apartment in March 2020, including the man on trial: Brett Hankison.
Hankison is facing two federal felony charges for allegeldy violating the civil rights of Taylor and her neighbors. If convicted, he could face a maximum of life in prison. His case ended in a mistrial about a year ago after the jury failed to reach a unanimous verdict.
Hankison said he expected the search warrant to be “low risk” before he went to the apartment that night. He said he and fellow officers were told they would find a “heavyset woman” with little to no criminal history in the apartment alone. Officers were also instructed to give Taylor time to answer the door, Hankison said.
At the start of the day, Jonathan Mattingly, who was a sergeant with the Louisville Metro Police Department at the time of the raid, testified. His comments, along with Hankison’s provided views of the chaotic incident.
Mattingly said it would have been helpful to know that Taylor’s boyfriend, Kenneth Walker, was also going to be at the apartment that night. Police and SWAT were also not given a layout of the apartment complex, he said.
Hankison said it felt like he and the others waited a long time after Mattingly knocked on the door and said they were police. The original plan started to shift after no one answered.
Hankison said he saw “pure darkness” once police forced the apartment door open.
Mattingly said he saw two figures in the hallway. One of them was Walker, who fired one shot, hitting Mattingly in the leg.
After the raid, Walker — who legally owned the firearm — said he thought the police were intruders because he couldn’t hear them say who they were.
Hankison also said he saw a “muzzle flash,” and the light illuminated the hallway. He thought he saw someone in a “rifle-bearing stance” at the end of the hallway.
Mattingly said it only took a few seconds for the situation to escalate. He said he and other officers returned fire, and he said he saw Walker jump out of the way of the gunfire, leaving Taylor in the hallway.
Former detective Mike Nobles testified last week that another ex-detective, Myles Cosgrove, stepped over Mattingly to shield him from gunfire. Cosgrove fired 16 shots into the apartment, some of which struck and killed Taylor, according to his testimony last week.
Hankison said he didn’t have a clear shot in the initial moments because he was behind fellow officers.
After that, Hankison moved to the side of the apartment near the parking lot, he said.
“In my mind, an AR-15 is being shot and it sounds like it gets closer and louder,” he said.
He said it sounded like there was a gunfight happening inside the apartment.
“I saw them windows and doors lighting up, I don’t care what they saw. I saw them lighting up,” Hankison said through tears.
He said it sounded like the gunfire intensified after he moved away from the front door. He said he thought “everyone was being executed.”
Hankison said he fired five shots through the sliding glass door, which was covered, because it sounded like the person inside had moved in that direction.
He said he “knew” his shots did not affect the target, so he moved over to the covered bedroom window and fired five more shots through it.
After that, Hankison said, the gunfire stopped.
Mattingly said he remembers hearing another round of gunfire that sounded like it was coming from the sidewalk in front of Taylor’s apartment. He thought the police were having a “gunfight” with people inside the apartment.
Mattingly said he heard Hankison on the police radio saying, “Send SWAT. They have an assault rifle.”
A police internal investigator testified last week that they didn’t find a rifle in Taylor’s apartment.
Hankison said that night was the first time he fired his weapon at someone and the first time he had ever been shot while on duty.
He said he didn’t think there was a risk of hitting an innocent civilian because he was told only one person would be there. He also said he didn’t think about the risk of hitting fellow officers.
Once Mattingly woke up from surgery, he learned Hankison was the one that fired through the window, he said.
“I was confused,” Mattingly said.
He said he spoke to Hankison about his decision to shoot through the sliding glass door and the bedroom window. U.S. District Court Judge Rebecca Grady Jennings, who is presiding over the trial, barred Hankison’s defense attorneys from discussing details of Mattingly and Hankison’s conversation.
Mattingly said talking to Hankison helped him understand why he made that decision. Mattingly said he would have done the same in that situation.
“Our whole job is to preserve life, and that includes fellow officers,” Mattingly said.
Earlier in the trial, prosecutors called witnesses, including LMPD Chief Paul Humphrey, who said firing without being able to see a target goes against police training.
Former Nevada police officer James Borden is the founder of Critical Incident Review based out of Las Vegas, where he investigates use of force incidents and trains officers. He was called as a defense witness Monday. He said he analyzed Hankison’s actions and he believes Hankison followed protocol.
Borden stressed understanding “the totality of circumstances.”
He said knowing an officer had been shot and believing there is a threat inside the home is enough for an officer to make a decision to shoot. He said the chaotic environment can affect an officer's perception of a situation.
Borden said officers are not trained to shoot blindly through covered windows or doors, but there is nothing in the LMPD’s standard operating procedures that bars an officer from doing so.
Borden said he thinks Hankison’s decision to fire into the building was “reasonable” and followed policy. He based that on the fact that Hankison knew an officer was shot and there was an armed person in the apartment.
When questioned by prosecutors, Borden said Hankison fired through the glass door and the window based on where he “guessed” the threat was.
The trial is scheduled to continue Tuesday.
