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Jury acquits ex-Kentucky officer of using excessive force on Breonna Taylor’s neighbors
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Jury acquits ex-Kentucky officer of using excessive force on Breonna Taylor’s neighbors

LOUISVILLE, Ky. (AP) — A federal jury on Friday cleared a former Kentucky police detective of violating the civil rights of Breonna Taylor’s neighbors by using excessive force during a botched 2020 drug raid that left Taylor dead.

The 12-member jury deadlocked on a second charge, which involves Brett Hankison using excessive force on Taylor, a 26-year-old black woman who was fatally shot by other officers. The jury chose to continue deliberating on that charge Friday night, but indicated to the judge in two separate messages that they were deadlocked on that charge.

Hankison, a former Louisville police detective, did not react in the courtroom Friday night after the jury returned a partial not guilty verdict. By that point, the jury of 6 men and 6 women had deliberated for about 20 hours over three days.

Hankison fired 10 shots into Taylor’s glass door and windows during the raid, but did not hit anyone. Some shots flew into the adjoining apartment of a next-door neighbor.

Taylor’s death, along with the police killing of George Floyd in Minneapolis in May 2020, sparked nationwide protests of racial injustice.

A separate jury deadlocked on both charges last year, while in 2022 a jury acquitted Hankison of state endangerment charges. A conviction on the federal charges carries a maximum sentence of life in prison.

That jury sent a memo Thursday to U.S. District Judge Rebecca Grady Jennings asking if she needed to know if Taylor was alive while Hankison fired his shots.

That was a point of contention during closing arguments, when Hankison’s attorney, Don Malarcik, told the jury that prosecutors must “prove beyond a reasonable doubt that Ms. Taylor was alive” when Hankison fired.

After the jury submitted the question, Jennings urged them to continue deliberating.

Hankison, 48, claimed during the trial that he acted to protect his fellow officers after Taylor’s boyfriend, Kenneth Walker, fired on them when they broke down Taylor’s door with a battering ram. Walker shot and wounded one of the officers.

Hankison testified that when Walker fired, he pulled away, went around the corner of the apartment and fired at Taylor’s glass door and a window.

Meanwhile, officers at the door returned fire on Walker, striking and killing Taylor, who was in a hallway.

Hankison’s attorneys argued during closing statements Wednesday that Hankison was acting appropriately “in a very tense, very chaotic environment,” which lasted about 12 seconds. They pointed out that Hankison’s shots did not hit anyone.

Hankison was one of the four accused officers by the US Department of Justice in 2022, violating Taylor’s civil rights. So far, these charges have resulted in only one conviction: a plea agreement from a former officer who was not at the raid and became a cooperating witness in another case.

Malarcik, Hankison’s attorney, spoke at length during closing arguments about the role of Taylor’s boyfriend, who fired the shot that struck the former sergeant. John Mattingly at the door. He said Walker never tried to come to the door or turn on the lights while police knocked and instead armed himself and hid in the dark.

“Brett Hankison was 12 inches from being shot by Kenneth Walker,” Malarcik said.

Prosecutors said Hankison acted recklesslyfiring 10 shots into the doors and a window where he could not see a target.

They said in closing arguments that Hankison “violated one of the most fundamental rules of deadly force: If I can’t see the person I’m shooting at, I can’t pull the trigger.”

Neither of the officers who shot Taylor — Mattingly and former detective Myles Cosgrove — have been charged in Taylor’s death. Federal and state prosecutors said those officers were justified in returning fire because Taylor’s boyfriend shot them first.