Kenneth Walker and Breonna Taylor

Kenneth Walker and Breonna Taylor

LOUISVILLE, Ky. (WDRB) – Breonna Taylor’s boyfriend, Kenneth Walker, has asked a judge to grant him immunity from being re-charged with attempted murder of a police officer for shooting at officers he thought were robbers breaking into Taylor’s apartment during an early morning raid.

While Commonwealth’s Attorney Tom Wine announced May 22 his office would not currently proceed with the prosecution of Walker, the case was dismissed without prejudice, meaning Walker could be charged again if additional facts came out, Wine said at the time. 

"I believe additional investigation is necessary," Wine said, citing a pending FBI investigation of the incident.

On Tuesday, attorneys for Walker argued a judge should grant Walker immunity because he believed he was acting in self-defense and shot “an intruder, not known to be an officer, who was breaking into his girlfriend’s apartment,” according to the motion.

As part of the request, defense attorney Rob Eggert argued plainclothes officers who were not wearing body cams used a battering ram to enter Taylor’s apartment early in the morning, without announcing themselves.

Police have said they did announce themselves but Eggert points out that neighbors did not hear the announcement and in Walker’s call to 911, he told a dispatcher that someone "kicked in the door and shot my girlfriend.”

“Mr. Walker was well within his rights in the Commonwealth of Kentucky to use his lawfully owned firearm to attempt to repel the intruders who had broken into his girlfriend’s home,” Eggert wrote in his motion to Judge Olu Stevens. “Those intruders ended up killing his girlfriend.”

The grand jury that indicted Walker in March was not told that Taylor was killed after police entered her apartment.

A spokesman for the Jefferson Commonwealth’s Attorney’s office said they will be filing a response in court records. 

LMPD officers shot Taylor eight times. The killing of Taylor, a black woman, has drawn national scrutiny and protests. Walker shot one officer in the leg.

LMPD Sgt. John Mattingly underwent surgery for what police said were severe injuries. 

Eggert also criticized the warrant affidavit by police, which was signed off on by Circuit Court Judge Mary Shaw. 

A no-knock warrant gives police judicial approval to burst into a home, day or night, without giving the homeowner any notice.

The warrant said “these drug traffickers” have a history of attempting to destroy evidence, have cameras on the location and a have a history of fleeing from police.

Taylor had no criminal record. Nothing illegal was found at the scene. And Walker wasn’t even mentioned in the warrant request.

“None of these statements is truthful or accurate if referring to Ms. Taylor’s apartment,” Eggert wrote.

Det. Joshua Jaynes, who applied for the no-knock search warrant for Taylor's apartment, has been reassigned amid questions about how and why the warrant was approved,

The motion asks the judge to dismiss the case “with prejudice,” meaning prosecutors could not bring up the charge again.

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Digital Reporter

Jason Riley is a criminal justice reporter for WDRB.com. He joined WDRB News in 2013 after 14 years with The Courier-Journal. He graduated from Western Kentucky University. Jason can be reached at 502-585-0823 and jriley@wdrb.com.