LOUISVILLE, Ky. (LEX 18) — A former Louisville Metro Police officer convicted in connection with the 2020 shooting death of Breonna Taylor is asking a federal appeals court to release him from prison while his case is under review.
Brett Hankison was sentenced to 33 months in federal prison after being found guilty of violating Taylor's civil rights during a police raid that killed the 26-year-old emergency medical technician. He began serving his sentence in October after a district court denied his request for bail pending appeal.
Now, federal prosecutors are supporting Hankison's bid for release, arguing in court documents filed November 13 that his case presents "exceptional reasons" warranting bail during the appeals process.
The March 2020 incident
On March 13, 2020, seven Louisville Metro Police officers executed a search warrant at Taylor's apartment shortly after midnight. Taylor and her boyfriend, Kenneth Walker, were inside when officers forced open the door with a battering ram.
Walker fired one shot that struck Sergeant John Mattingly in the leg. In response, Mattingly fired six shots down the apartment's hallway, hitting Taylor twice. Detective Miles Cosgrove then fired 16 shots from the doorway, with at least three bullets striking Taylor. One of Cosgrove's bullets caused her death.
During the gunfire exchange, Hankison moved to the side of Taylor's apartment and fired 10 shots blindly through a sliding glass door and bedroom window. None of his bullets hit Taylor or anyone else, though three shots went through the wall into a neighboring apartment where three people were present.
Federal conviction after multiple trials
Hankison was initially charged with three counts of felony wanton endangerment for the shots that entered the neighboring apartment. A state jury acquitted him on all counts in March 2022.
Five months later, federal prosecutors indicted Hankison on two counts of violating civil rights under federal law. The first count alleged he willfully deprived Taylor of her Fourth Amendment right to be free from unreasonable seizures. The second count related to allegedly violating the civil rights of Taylor's neighbors.
The case required two federal trials. The first trial in November 2023 ended in a mistrial when the jury could not reach a verdict. In the second trial in October 2024, jurors found Hankison not guilty on the count involving the neighbors but guilty on the count involving Taylor.
Federal prosecutors are now supporting Hankison's request for bail pending appeal. In their court filing, prosecutors acknowledge several concerns about the case.
"The government is aware of no other prosecution pursuant to [federal civil rights law] in similar circumstances, where a defendant is charged for shooting at a perpetrator who is firing on the defendant or fellow officers and when the defendant does not, in fact, hit anyone with his return fire," prosecutors wrote.
The government noted that "reasonable minds might disagree as to whether defendant's conduct constituted a seizure under the Fourth Amendment in the first place."
During sentencing, prosecutors had recommended Hankison serve only one day in prison, arguing there was "no need for a prison sentence to protect the public from defendant or to provide 'just' punishment or deterrence."
Legal questions on appeal
Prosecutors identified several "substantial" legal questions that Hankison plans to raise on appeal:
Whether Hankison's actions constituted a "seizure" under the Fourth Amendment, given that he did not physically harm Taylor and she may not have been aware of his shooting.
Whether his use of force was unreasonable and whether he acted willfully, considering he was responding to gunfire that had wounded a fellow officer.
Whether the trial court properly considered sentencing factors related to the "sudden and extreme provocation" Hankison faced.
Claims of prosecutorial misconduct during the trial.
Current status
Hankison surrendered to federal custody in October and is currently serving his 33-month sentence. The district court had previously found he posed no flight risk or danger to the community, noting his stable employment and good performance during more than four years on pre-trial release with no violations.
The U.S. Court of Appeals for the Sixth Circuit will now decide whether to grant Hankison's request for release while his conviction is under appeal.
