LOUISVILLE, Ky. (WDRB) – An attorney for Kenneth Walker, the man who allegedly shot an officer during a raid in which Louisville Metro Police killed former EMT Breonna Taylor, has asked that the case be dismissed because police misled grand jurors who indicted Walker.

In a motion filed Thursday, attorney Rob Eggert said the grand jury heard only two minutes of testimony from a police officer, who did not inform jurors that Taylor, 26, was inside the apartment and had been shot eight times.

And Eggert said the lone grand jury witness, Sgt. Amanda Seelye, didn’t tell jurors that Walker "had no idea the intruders were police officers" when he fired a shot.

Jurors were told that Walker fired at police but not that officers "returned with a barrage of gunfire from police that killed Ms. Taylor," Eggert claims. 

"The picture presented to the Grand Jury completely mischaracterizes the events that took place at Ms. Taylor’s apartment that resulted in Ms. Taylor’s death – in fact, they completely omit the existence of Ms. Taylor at all," Eggert wrote.

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After the motion was filed, Commonwealth's Attorney Tom Wine simply said, "We intend to respond to it." 

LMPD officers shot and killed Taylor, an emergency room tech and former EMT, during an early morning raid March 13. The shooting of Taylor, a black woman, has drawn national scrutiny and calls for an independent probe.

Walker thought they were being robbed, according to Eggert, and fired at officers when they rushed in, hitting one in the leg. The grand jury was not told that Walker claims he didn’t know who he fired a shot at.

“The Grand Jury was woefully misled to great undue prejudice against Mr. Walker,” Eggert wrote. He will make the motion in court on May 26.

“Had the police presented the actual facts of the events … the Grand Jury presentation would have lasted longer than two minutes, and Mr Walker would not have been indicted.”

In the motion, Eggert said Sgt. Seelye told grand jurors that police “knocked and announced repeatedly and waited a period of time, they then battered the door open and were immediately met with gunfire from inside the apartment.”

Attorney Sam Aguiar, who represents Taylor’s family, says at least six neighbors have said they didn't hear a knock or LMPD announce themselves. Three neighbors have made similar statements to WDRB News directly.

Officers obtained a “no-knock”  warrant from Jefferson Circuit Court Judge Mary Shaw. A no-knock warrant gives police judicial approval to burst into a home, day or night, without giving the homeowner any notice. There is no body cam of the raid.

Eggert has said police burst in Taylor's home without announcing their presence and fired at least 22 times, with bullets going into neighboring apartments, and “it was incredible that Mrs. Taylor was the only one killed.”

But the grand jury that indicted Walker in March was not told that Taylor was killed after police entered her apartment, he alleges.

Eggert filed a disc containing the grand jury testimony. In it, Seelye tells grand jurors that Walker admitted "to being the only person to shoot from inside the apartment at police as they were making entry into the apartment."

Her testimony to grand jurors lasted less than two minutes. When grand jurors did not have any questions for Seelye, the judge ended the proceeding. 

Previously, Eggert has said that “had Breonna Taylor been killed by anyone except police, the person or persons responsible for her death would have been charged with a homicide.”

Taylor’s family has said neither Walker nor Taylor was involved in drugs and believe police were looking for someone else.

Walker is currently released on home incarceration.

Walker was not the target of the search warrant and attorneys representing Taylor’s family say the man police was looking for was arrested miles away before the raid on her home.

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Jason Riley is a criminal justice reporter for WDRB.com. He joined WDRB News in 2013 after 14 years with The Courier-Journal. He graduated from Western Kentucky University. Jason can be reached at 502-585-0823 and jriley@wdrb.com.