Judge sentences ex-LMPD officer Brett Hankison to 33 months in prison in Breonna Taylor case

LOUISVILLE, Ky. (WDRB) -- A federal judge has sentenced former LMPD officer Brett Hankison to 33 months in prison for using excessive force and violating the civil rights of Breonna Taylor in a botched police raid of her home in March 2020.

U.S. District Court Judge Rebecca Grady Jennings on Monday did not agree with a sentencing memorandum filed by the U.S. Department of Justice last Wednesday that recommended one-day incarceration, which Hankison would get credit for from the day he was booked, a three-year term of supervision, and a $100 fee. 

Jennings sentenced Hankison to 33 months in prison followed by three years of supervised release, during which he will be required to get mental health treatment. He also has to pay a $100 fee. 

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."  

As the judge began giving her final decision, she pointed out that she was "troubled" by last week's sentencing memorandum and called the prosecution's arguments in favor of Hankison "inappropriate," noting that the current DOJ has taken a "180-degree turn" since he was convicted in November. 

The new DOJ administration, under president Donald Trump, has also moved to dismiss the sweeping police reform agreement in Louisville that was agreed to at the end of Biden's term. Jennings, a Trump appointee, said she would not allow politics to become part of the case.  

During most of the five-hour hearing, the attorneys for Hankison and prosecution were very much in alignment in defending Hankison's actions and pleading for no prison time. 

The judge also said she was "upset" that the DOJ did not provide the victim impact statements from friends and family for Breonna Taylor, which is typically done far before sentencing. She promised she would read all the statements after they were handed to her by the family. 

"The government has an obligation," she said. "That is disconcerting." 

The defense filed nearly 50 impact statements on behalf of Hankison and a half-dozen people spoke in favor of the former officer in court Monday, including fellow officers and his daughter. 

At times during the sentencing hearing, as the prosecution defended Hankison, Taylor's friends and family groaned or said things out loud in court expressing their frustration.

At one point, Tamika Palmer—Taylor's mother—said to one of the prosecutors "you are so full of s***," and left the courtroom for a few minutes.

Robert Keenan, senior counsel for the DOJ's civil rights division, told the judge this was "a story of two good people," in reference to Hankison and Taylor.

When police burst into Taylor's apartment the night of March 13, 2020, 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.

Walker gave a statement to the judge Monday, saying "I still have nightmares to this day," and "Breonna not being here hurts every day." 

Several police officers gave statements on behalf of Hankison, including Mattingly. He said "it (Taylor's death) was the last thing anyone wanted," and that Hankison has undergone tremendous pressure and scrutiny "all for trying to save my life."

Hankison, who didn't appear to react to the verdict, was not taken into custody Monday.

It is unclear at this time when he will go to prison to serve his sentence. He will remain on bond until the U.S. Bureau of Prisons finds the right place to put him and decide when he should turn himself in. He could also file for a bond while the case is appealed, which the DOJ has indicated they would not fight.

The judge would decide whether to approve an appeal bond, which is unusual bot not unheard of. 

Hankison's attorneys declined to comment as they left the courthouse. 

Outside the courtroom, one of the attorneys representing Taylor's family repeated a common chant during the protests after her death.

"Say Her name," attorney Ben Crump said. The crowd yelled back: “Breonna Taylor!”

Tamika Palmer, Breonna Taylor's other, was one of seven people who spoke on her behalf Monday in court. 

"I feel as if I'm the only force here today fighting for justice," she told the judge. She said the new prosecutors had not talked to the family until Monday. 

"Breonna was my child, my joy, my future, my life," Palmer said. 

Outside the courtroom after the sentencing, Palmer told reporters, "There was no prosecution in there for us, there was no prosecution in there for Breonna.

"We got something. I don't think it was a fair sentencing... but it was a start."

In a statement after the sentencing, attorneys Crump, Lonita Baker, and Sam Aguiar, who represent the Taylor family, said that "while today’s sentence is not what we had hoped for — nor does it fully reflect the severity of the harm caused — it is more than what the Department of Justice sought. That, in itself, is a statement. The jury found Brett Hankison guilty, and that verdict deserved to be met with real accountability. 

"... We respect the court’s decision, but we will continue to call out the DOJ’s failure to stand firmly behind Breonna’s rights and the rights of every Black woman whose life is treated as expendable.”

While Hankison could have faced a life sentence, the federal sentencing guidelines for his conviction recommended between 135 months to 168 months in prison. That number dropped after both sides provided more evidence and arguments in Hankison's favor. 

In the sentencing memorandum filed Wednesday, federal prosecutors recommended one day of incarceration, which Hankison would 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.

"There is no need for a prison sentence to protect the public" from Hankison, according to the memorandum. 

Judge Jennings said a sentence of no prison time “is not appropriate” and would minimize the jury’s verdict.

When Hankison was convicted, then U.S. Attorney General Merrick Garland said in a statement that the "verdict is an important step toward accountability for the violation of Breonna Taylor’s civil rights, but justice for the loss of Ms. Taylor is a task that exceeds human capacity.”

Hankison has been out on bond since his conviction.

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.

The judge said she was surprised there were no other injuries from Hankison's shots, saying it was through "sheer grace and luck" no one else was hit. 

During the trial, prosecutors told the jury Hankison's reckless actions on the night of the Taylor raid "shocked" other officers, traumatized neighbors and put multiple lives at risk.

Hankison fired 10 shots into a home he couldn’t see into, with bullets ripping through the wall into a neighboring apartment where a family and a child were sleeping, prosecutor Michael Songer, with the justice department, said at the time. 

Songer, who is technically still part of the prosecution team, was not in court Monday. 

Last week, Keenan and Harmeet Dhillon, an assistant attorney general for the department, argued in the sentencing memorandum they are unaware of any other prosecution of a police officer on these charges who did not injury anyone.

But Jennings said she found five case similar to Hankison's and all of them ended in a prison sentence. 

The prosecution and defense also 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 and court arguments. In addition, Hankison has no prior criminal history and will likely never serve in law enforcement again.

The judge said she took all of that into account before the sentencing. 

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.

Hankison's 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, Walker 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.

Mattingly and Myles Cosgrove, who fired the fatal shot killing Taylor, were not charged in the shooting. Mattingly retired and Cosgrove was fired for failing to properly "identify a target," violating the department’s use of force policy and failing to use a body camera.

Taylor's death, along with George Floyd's, resulted in months of protests in Louisville and across the country over police brutality and racial discrimination.

But, just as the defense argued during the trial, the new administration's DOJ pushed much of the blame on Walker. 

Walker's "conduct, even if assumed to be lawful, provoked defendant's offense conduct," according to the justice department's sentencing memorandum. "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."

The judge was not convinced by that argument. 

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.

In addition, the defense and prosecution said abuse of law enforcement in prison is widespread and the death of Taylor was highly publicized. 

Judge Jennings said the Bureau of Prisons would be in charge of keeping Hankison safe. 

Louisville Mayor Craig Greenberg said last week that 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."

After the sentencing, congressman Morgan McGarvey said in a statement that he was "holding Breonna’s family close during this painful time. Nothing can make up for all the birthdays, anniversaries, graduations, and other memories her family continues to endure without her.

“This is also a moment to commit to honoring Breonna’s memory by fighting for justice and accountability throughout our city and entire country.”

In a statement, a spokesman for LMPD said the department respected the court's ruling.

"We understand this case caused pain and damaged trust between our department and the community," according to the statement. 

Four protesters were arrested outside the federal courthouse during the sentencing for, according to the statement from police, "confrontation, kicking vehicles, or otherwise creating an unsafe environment."

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. 

Former Louisville Metro Police officer Kelly Goodlett pleaded guilty in federal court in 2022 to felony conspiracy.

Goodlett admitted she knowingly included false information in the search warrant affidavit used to raid Taylor's home and then conspired with another officer to cover it up.

Former officers Joshua Jaynes and Kyle Meany were also charged in the federal probe, accused of providing and lying about false information in a search warrant used by police to burst into Taylor's house. Goodlett is expected to testify against them and has not been sentenced.

A trial date has not been scheduled. 

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.

And the Department of Justice began a wide-ranging civil rights review in Louisville in the wake of Taylor's death.

Federal investigators strongly rebuked the actions of Louisville police, saying they believe the department and Metro Government for years engaged in practices that violated the U.S. Constitution and federal law, including excessive use of force and searches based on invalid search warrants.

A consent decree between Metro government and the Justice Department was reached in the final days of the Biden administration but needs court approval to progress.

The Trump administration has moved to dismiss the sweeping police reform agreement in Louisville. The judge in that case has not yet ruled. 

Previous Coverage: 

Judge criticizes Brett Hankison attorneys, denies new trial in Breonna Taylor case

Department of Justice recommends no prison time for Brett Hankison in Breonna Taylor case

New sentencing date scheduled for Brett Hankison after conviction in Breonna Taylor case

Prosecutors ask to delay sentencing of Brett Hankison for conviction in Breonna Taylor case

Jury finds LMPD detective Brett Hankison guilty of violating Breonna Taylor's civil rights

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