LOUISVILLE, Ky. (WDRB) -- The Kentucky Supreme Court will not review a lower court ruling last year that upheld the termination of former Louisville police Detective Myles Cosgrove, who was fired for violating the department's use of force policy when he fatally shot Breonna Taylor in March 2020.
In documents released Thursday, the high court denied a request to review the Kentucky Court of Appeals May 19, 2024, ruling that Cosgrove's termination by former chief Yvette Gentry was appropriate.
Attorney Scott Miller, who represents Cosgrove, said they were disappointed but "it's over. I don't think there is anything else we can do on it."
Miller also said Cosgrove is glad to put this behind him and "move forward."
Miller said they are also grateful he was able to keep his police certification and is still working as a police officer.
In 2022, The Kentucky Law Enforcement Council (KLEC) voted not to revoke Cosgrove's certification, meaning he would remain eligible to work for another police department in the commonwealth.
KLEC certification is required for anyone to work as a sworn officer in Kentucky. State law requires police agencies to report terminations to KLEC for misconduct and officers who resign or retire in the middle of an investigation in which the subject matter includes a fireable offense.
The Carroll County Sheriff's Office hired Cosgrove as a sheriff's deputy.
Cosgrove was fired 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 also 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.
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.
This story may be updated.
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