Jurors failed to reach a unanimous verdict on federal civil rights charges on Thursday in the trial of a former Louisville police officer charged in the police raid that killed Breonna Taylor, prompting the judge to declare a mistrial.
Brett Hankison was charged with using excessive force that violated the rights of Taylor, her boyfriend and her next-door neighbors. Hankison fired 10 shots into the black woman’s window and a glass door after officers came under fire during a flawed drug warrant search on March 13, 2020. Some of his shots flew into a neighboring apartment, but none of them struck anyone.
The 12-member, mostly white jury struggled fruitlessly to reach a verdict over several days. On Thursday afternoon, they sent a note to the judge saying they were at an impasse. US District Judge Rebecca Grady Jennings urged them to keep trying, and they returned to deliberations.
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The judge reported there were “elevated voices” coming from the jury room at times during deliberations, and court security officials had to visit the room. Jurors then told the judge on Thursday they were deadlocked on both counts against Hankison, and could not come to a decision — prompting Jennings’ declaration of a mistrial.
The mistrial could result in a retrial of Hankison, but that would be determined by federal prosecutors at a later date.
Federal prosecutors did not immediately respond to an e-mail afterward seeking comment.
Before the mistrial was declared, the lead federal prosecutor, Michael Songer, said in court that it would take “enormous resources … to retry this case.“
Songer wanted the jury to keep deliberating.
Jennings said she believed the jury would not be able to reach a verdict.
“I think the totality of the circumstances may be beyond repair in this case,” the judge said. “They have a disagreement that they cannot get past.”
US Attorney General Merrick Garland said Taylor, a 26-year-old nursing student, “should be alive today” when he announced the federal charges in August last year.
The charges that Hankison faced carried a maximum sentence of life in prison.
Hankison was the only officer who fired his weapon the night of the Taylor raid to be criminally charged. Prosecutors determined that two other officers were justified in returning fire after one was shot in the leg.
Songer said on Monday in the trial’s closing arguments that Hankison “was a law enforcement officer, but he was not above the law.”
Songer argued that Hankison could not see a target and knew firing blindly into the building was wrong.
Hankison’s attorney, Stewart Mathews, countered that he was acting quickly to help his fellow officers, who he believed were being “executed” by a gunman shooting from inside Taylor’s apartment.
Taylor’s boyfriend had fired a single shot when police burst through the door. Her boyfriend, Kenneth Walker, said he believed an intruder was barging in.
The single shot from Taylor’s boyfriend hit former police Sergeant Jonathan Mattingly, who dropped to the ground and fired six shots. Another officer, Myles Cosgrove, fired 16 rounds down the hallway, including the bullet that killed Taylor.
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