LOUISVILLE, Ky. (WDRB) – The Kentucky Court of Appeals on Friday upheld the termination of former Louisville police Det. Myles Cosgrove, who was fired for violating the department’s use of force policy when he fatally shot Breonna Taylor in March 2020.

The court unanimously agreed with former chief Yvette Gentry who fired Cosgrove in January 2021 for failing to properly "identify a target” or justify the number of shots fired given he never saw a gun and could only see a shadowy figure. 

Cosgrove also violated the department's use of force policy for failing to use a body camera.

The Louisville Police merit board and a Jefferson Circuit Court judge previously upheld Gentry’s findings and decision.

“It is clear that (Cosgrove) knew the flashing lights he witnessed in Ms. Taylor’s apartment were coming from gunfire; however, substantiated evidence supported the determination that (Cosgrove) was not clear on who he was firing at and whether there were multiple people in the line of fire,” according to the appellate court ruling.

Gentry testified in front of the board that in three different interviews with investigators, Cosgrove could not articulate a reason for the number of shots fired or justify that he saw a threat where deadly force was necessary.

"You fire 16 rounds, and they go in three different directions, and you say you don't hear and you're not seeing" a specific threat, Gentry told the merit board. "I didn't have the confidence" to keep him.

While Cosgrove argued he did not fire “wildly,” the appellate court noted evidence in the case concluded some of his shots ended up in other parts of Taylor’s home.

Kenneth Walker, Taylor's boyfriend, fired a shot at police, hitting Sgt. John Mattingly. Walker said he believed police were intruders breaking into the apartment before 1 a.m.

Police shot and killed Taylor, 26, in the hallway of her apartment during an undercover raid on her home on Springfield Drive as part of a series of raids elsewhere that targeted narcotics trafficking.

No drugs or money were found in her home.

The FBI determined Cosgrove fired the shot that killed Taylor.

Attorney Scott Miller, who represented Cosgrove, told the merit board that the former detective saw a muzzle flash, Mattingly fall to the ground and a figure in the hallway. He had to make a split-second, life-or-death decision, Miller said.

Cosgrove also argued that he was treated differently than Sgt. Mattingly, who also fired shots off target.

But the appeals court panel ruled there was a reason the two officers were held to a different standard, as Mattingly was shot in the leg “which would help excuse his errant shots.” Also, Sgt. Mattingly was able to see his target in more detail.

Cosgrove and Mattingly were not among four former officers charged in the Taylor raid.

Cosgrove told the merit board, "I did what I thought was right that evening I was addressing the deadly threat that was in front of me."

He also contended his termination was politically motivated, as Taylor’s death caused wide-spread criticism of the department and months of protest.

Former Louisville police Col. LaVita Chavous testified that the initial belief of investigating officers indicated that Cosgrove's firing was politically motivated after protests began in the months following Taylor's death.

As protests engulfed the city in early summer 2020, Chavous told merit board members she overheard former Mayor Greg Fischer said he wanted to find a way to fire key officers involved in the raid and shooting of Taylor.

She believes Fischer was referring to Cosgrove, Sgt. Mattingly, Detective Brett Hankison and Detective Joshua Jaynes.

But the appeals court ruled with the merit board that there was not sufficient evidence of this allegation and that Cosgrove’s “employment was properly terminated.”

The Carroll County Sheriff's Office hired Cosgrove as a sheriff's deputy last year.

This story may be updated.

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