LOUISVILLE, Ky. (WDRB) -- Former Louisville police officer Brett Hankison has asked a federal judge to allow him to remain out of prison while he appeals his conviction and sentence of 33 month in prison for using excessive force and violating the civil rights of Breonna Taylor.

Not surprisingly, the U.S. Department of Justice is not opposing Hankison's request, which could keep him out of prison for months at least as a higher court reviews his case. 

The Department of Justice under President Donald Trump has criticized the handling of Hankison's case by previous prosecutors and had asked U.S. District Court Judge Rebecca Grady Jennings to sentence him to one day of incarceration – already served when he was booked – and a three-year term of supervision.

But Jennings ruled July 21 that she was "troubled" by the DOJ's "180-degree-turn" in the months after a jury convicted Hankison in November.

The judge sentenced Hankison to 33-months in prison but allowed him to remain free on bond – ruling he was not a flight risk or danger to the community - until the U.S. Bureau of Prisons finds the right place to put him and decide when he should turn himself in.

At the time, prosecutors indicated they would not oppose an appeal bond.

The judge will decide whether to approve the appeal bond, which would be unusual but not unheard of.

"Both parties agree that the Court's sentence is greater than necessary," according to the motion.

In November, a federal jury found Hankison guilty of violating Taylor's civil rights during a March 13, 2020, police raid of her home when he fired 10 shots into her apartment through a sliding glass door and window that were covered by blinds.

The shots nearly hit her and an officer as well as ripping through the wall into a neighboring apartment where a family and a child were sleeping.

The jury found Hankison not guilty of violating the civil rights of Taylor's neighbors.

When police burst into Taylor's apartment, Kenneth Walker, Taylor's boyfriend, fired a shot that hit former officer John Mattingly in the leg. Multiple Louisville Metro Police officers returned fire, killing 26-year-old Taylor. No drugs were found in her home.

Both the DOJ and Hankinson's attorneys argued at his sentencing that Walker provoked the reaction from police by firing on them. Walker has said he believed the couple were being robbed. 

The motion for an appeal bond cited a recent ruling by U.S. District Court Judge Charles Simpson who found that two other officers being prosecuted for their actions in the Taylor case shouldn't be charged with depriving Taylor's rights under color of law and causing her death.

Simpson, in part ruled, "officers returned fire to self-defend, not to commit a crime. … This is not a case of excessive force. Nor is it a case of police brutality.."

The prosecution and defense have also argued that Hankison's status as a former police officer along with the "unprecedented" media attention surrounding Taylor's death would cause him to be targeted for violence and possibly killed in prison.

The motion also argues that the judge failed to consider Hankison's acceptance of responsibility for his actions.

In a statement before he was sentenced, Hankison, 49, apologized to the Taylor family and her friends and said, with hindsight, knowing what he knows now, "I never would have fired my gun."

The motion points out that there are multiple "substantial" issues both the prosecution and defense agree on that would enable Hankison to "avoid a term of imprisonment or serve a significantly shorter term."

Related Stories:

Judge drops most serious felony charge against LMPD officers in Breonna Taylor case

Prosecutors argue false warrant affidavit filed by Louisville police led to Breonna Taylor's death

Attorneys ask judge to dismiss felony charges against 2 officers involved in Breonna Taylor raid

Two former Louisville police officers involved in Breonna Taylor raid have been indicted again

DOJ appeals dismissal of most serious charges against 2 officers involved in Breonna Taylor raid

Copyright 2025 WDRB Media. All Rights Reserved.