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

The defense asked the judge for leniency, arguing, in part, it would be dangerous for a former police officer to be in prison.

LOUISVILLE, Ky. (WDRB) -- The sentencing may again be delayed for Brett Hankison, who was found guilty of using excessive force and violating the civil rights of Breonna Taylor in a botched police raid of her home in 2020.

On Nov. 1, a jury acquitted the former Louisville police officer of violating the civil rights of Taylor's neighbors but guilty of violating Taylor's civil rights, a conviction that carries a maximum penalty of life in prison.

U.S. District Court Judge Rebecca Grady Jennings was scheduled to sentence Hankison on March 12, but it was delayed by her until July 16.

Now, the the prosecution has asked for another unspecified delay to finish a sentencing memorandum. The memorandum, which includes legal arguments and, often, a recommended sentence, was due Monday.

A motion filed Monday in U.S. District Court requested an additional two weeks to finish the memorandum and a new sentencing date at the judge's convenience.

Defense attorneys for Hankison, 49, didn't object to the delay.

However, in the sentencing memorandum filed by the defense Monday, Hankison's attorneys, while not requesting a specific number of years, outlined several mitigating factors in requesting leniency.

For one, the defense argued that Taylor's boyfriend, Kenneth Walker, first fired at police when they entered the home on March 13, 2020, hitting former officer John Mattingly in the leg.

"Mr. Walker’s firing of his weapon once officers forced their way into the apartment substantially provoked three officers to discharge their own weapons," according to the defense.

Also, according to the memorandum, Hankison stopped firing once the shooting stopped.

In addition, the defense expressed fear of what would happen to Hankison behind bars, arguing he is "susceptible to abuse based on his status as a police officer, coupled with the extensive national and international media attention this case has generated over the past five plus year."

And Hankison has no prior record, a history of military service, a strong employment record, as well as family ties, and responsibilities, the defense argued.

"Mr. Hankison has been a hardworking, law-abiding citizen, who dedicated his life to serving and protecting the community," according to the memorandum. "He provides care and assistance to his elderly mother and his daughter. Mr. Hankison requests this Honorable Court to consider the significant burden his sentence will have on his family."

The defense also included 49 letters of support from Hankison's family members, fellow officers, friends and members of the community.

Former officer John Mattingly said in a letter to the judge that Hankison was a "remarkable" man and "dedicated public servant."

"It is heartbreaking to witness the toll the past five years have taken on both Brett" and his daughter, Mattingly wrote.

Kim Burbrink, the Louisville Metro Police major who was in charge of the officers involved in the fatal shooting of Taylor, also wrote in support of Hankison, saying he deserves to "continue to provide light into this dark world."

The 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 an officer in the leg.

Multiple Louisville Metro Police officers returned fire, killing 26-year-old Taylor. No drugs were found in her home.

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

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