Kenneth Walker and Breonna Taylor

Kenneth Walker, right, and Breonna Taylor

LOUISVILLE, Ky. (WDRB) -- At the request of Louisville prosecutors, a judge has ruled charges can't be brought back up against Kenneth Walker for shooting an officer during last March’s fatal police shooting of his girlfriend, Breonna Taylor.

Walker and his attorney, Rob Eggert, have repeatedly asked a judge to grant him immunity from being re-charged with attempted murder of a police officer for shooting at what he thought were robbers breaking into Taylor’s apartment during the early morning raid on March 13.

While Commonwealth’s Attorney Tom Wine announced May 22 his office would not 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. 

However, in a motion Thursday, prosecutors said that while the U.S. Department of Justice is still looking into the case, “the investigations into this matter have concluded and no new information relevant to the charges” against Walker have been brought to the Commonwealth’s Attorney’s office.

On Monday, Jefferson Circuit Court Judge Olu Stevens formally dismissed the case "with prejudice," meaning Walker can not be recharged. 

Eggert has argued Walker should be granted 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 court records.

But Stevens ruled Monday that the request was now "moot." 

Police shot and killed Taylor, an emergency room tech and former EMT, during an undercover raid on her apartment on Springfield Drive as part of a series of raids elsewhere that targeted narcotics trafficking.

Police have said they did announce themselves but Eggert has pointed out that several 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.”

The grand jury that indicted Walker in March 2020 was not told that Taylor was killed after police entered her apartment.

Sgt. Jon Mattingly, who was shot in the leg, underwent surgery for what police said were severe injuries. 

This story may be updated.

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