LOUISVILLE, Ky. (WDRB) -- The U.S. Department of Justice recommended Brett Hankison avoid prison and instead be placed on supervised release after being found guilty of using excessive force and violating the civil rights of Breonna Taylor in a botched police raid of her home in 2020.
Hankison is facing several years in prison when he is sentenced next week after a jury in November acquitted the former Louisville police officer of violating the civil rights of Taylor's neighbors but guilty of violating Taylor's civil rights.
U.S. District Court Judge Rebecca Grady Jennings will ultimately decide the sentence. Hankison has been out on bond since his conviction.
In a sentencing memorandum filed late Wednesday, federal prosecutors recommended one day incarceration, which Hankison will get credit for from the day he was booked, a three-year term of supervision and a $100 fee. He also agreed to provide his DNA.
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"There is no need for a prison sentence to protect the public" from Hankison, according to the memorandum. Hankison was facing up to life in prison.
Louisville Mayor Craig Greenberg said Hankison's actions "warrant a serious prison sentence."
"Since the tragic death of Breonna Taylor, Louisville has taken significant steps toward healing and reform," he said in a statement. "Our community has shown resilience and a shared commitment to justice. That work is far from over. I remain fully committed to advancing that work — to ensuring accountability and safety for all."
The trial centered around Hankison firing 10 times from outside Taylor's apartment through a covered sliding glass door and blinded windows in Taylor's bedroom window, with three bullets flying into an adjacent apartment where Cody Etherton, Chelsey Napper and her 5-year-old child lived.
Hankison also nearly hit Taylor and a fellow police officer.
Robert Keenan, senior counsel for the DOJ's civil rights division, and Harmeet Dhillon, an assistant attorney general for the department, wrote in the memorandum prosecutors are unaware of any other prosecution of a police officer on these charges who did not injury anyone.
The new DOJ administration under Trump noted Hankison was found not guilty during a state trial and his original federal trial ended in a mistrial, prompting a third trial before getting a conviction. The trials have caused Hankison an "emotional burden" and he is suffering from PTSD, anxiety and sleeping difficulties, according to the memorandum. In addition, Hankison has no prior criminal history and will likely never serve in law enforcement again.
The sentencing guidelines for his conviction are between 135 months to 168 months in prison, according to Federal Sentencing Guidelines included in the memorandum.
The prosecution laid out numerous mitigating circumstances, arguing the crime occurred under "sudden and extreme provocation" and created the type of scenario that would prompt a "reasonable police officer to attempt to kill another person."
"It is consistent with his testimony that he fired out of concern for the other officers," according to the memorandum.
The conviction stems from a March 13, 2020, raid of Taylor's home in the middle of the night, in which police officers busted down her door to serve a search warrant related to a drug dealer who lived 10 miles away.
Police sought out a search warrant for Taylor's home as part of a broader investigation that focused on drug suspect Jamarcus Glover. Police believed Glover may have been using Taylor's apartment to receive drugs and store money.
When police burst in, Kenneth Walker, Taylor's boyfriend, fired a shot that hit an officer in the leg.
Multiple Louisville Metro Police officers returned fire, killing 26-year-old Taylor. No drugs were found in her home.
Walker's "conduct, even if assumed to be lawful, provoked defendant's offense conduct," according to the DOJ. "Although the jury found that the circumstances did not give rise to a complete defense, (Walker) indisputably fired on defendant's fellow officers, shooting one in the leg, exposing both officers to a risk of death in the so-called "fatal funnel."
At times, the DOJ criticized evidence brought forward in their own trial, questioned whether charges should have been brought at all and defended Hankison's actions.
The memorandum said Hankison's testimony that he saw muzzle flashes from inside the apartment at the time he opened fire was corroborated. The prosecutors noted there is no audio or video to determine if Hankison continued shooting after the first volley of shots.
In addition, Hankison accepted responsibility for his actions, and, abuse of law enforcement in prison is widespread, according to the memo.
"The death of Ms. Taylor and the subsequent criticism of the LMPD — and not just defendant's conduct — has generated significant media attention that exposes defendant to a heightened risk of assault while in custody," Keenan wrote.
The prosecutor wrote that given the circumstances, Hankison should be given leniency, calling the recommended sentence "unjust."
"On the unique facts of this case, the government believes that this sentence is sufficient, but not greater than necessary, to achieve all of the statutory goals of sentencing.
Rep. Morgan McGarvey, D-Louisville, called the Justice Department’s request “a dark day for our entire city.”
“Brett Hankison blindly fired 10 shots through a covered window into Breonna Taylor’s home,” he said. “The fact that Donald Trump’s D.O.J. thinks Breonna Taylor’s life is worth just a one-day jail sentence is morally reprehensible and deeply insulting.”
Hankison was the only officer charged for his actions during the raid. Three other officers were charged with their role in the search warrant affidavit, which included false information. No trial date has been set.
The city of Louisville paid $12 million to Taylor's family and implemented numerous reforms in the police department to settle a wrongful death lawsuit.
In a statement following the recommendation, the Kentucky Alliance Against Racist and Political Repression said it was responding "with deep sorrow and profound frustration."
"Our hearts and deepest condolences go out to Tamika Palmer, Juniyah Palmer and their family. We are truly sorry that you are being forced to relive this trauma and endure yet another painful reminder of the injustice surrounding Breonna's death," the statement read, in part.
The group also called for the judge to sentence Hankison "with the seriousness and accountability this case demands—just as any individual would be sentenced for such a gross and senseless violation of civil rights."
"While no outcome can bring Breonna Taylor back or fully heal the wounds of her loss, a fair and just sentence would offer a measure of relief and acknowledgement to her family—especially to her mother, Tamika Palmer," the statement continued. "Hankison's reckless actions, compounded by a botched no-knock warrant, must not be minimized. He should be held fully accountable."
This story may be updated.
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