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We watched the conclusion of the Breonna Taylor investigation, as Kentucky Attorney General Daniel Cameron announced his findings this week. The thing that I’ve begun to realize is that there was a crime committed, but it’s not the one that everyone thinks of.
Everyone is quick to take the side of the officer or Taylor and her boyfriend, Kenneth Walker. One side says, “The boyfriend shot first and, thus, justifies the action of the officers.” There is merit to this argument.
It was the middle of the night. The lights were off in the apartment. They could not see who was firing at them. Their lives were in danger. So, they fired back.
Kentucky state law also allows officers to use lethal force in self-defense even though their actions may have provoked Walker to shoot first.
The only crime that an officer could be charged with wanton endangerment, which is what detective Brett Hankinson was charged with. His bullets allegedly were found to have entered another apartment. Since ballistics couldn’t tie Hankinson, Sgt. Jonathan Mattingly or Officer Myles Cosgrove directly to the death of Taylor, it’s not likely that any homicide charge would stick.
On the other side, some say Walker was justified in shooting first and that he was acting in self-defense of himself and Taylor. There is merit to this argument as well.
It was the middle of the night. Whether the officers identified themselves as officers, it’s unlikely he would heard it or it would have resonated with him. All he heard was people breaking in their apartment.
A person has the right to protect their dwelling. If it was unclear that he knew they were officers, he could not be charged with the attempted murder of a police officer.
So if neither party on that night was guilty of committing a crime, you might conclude, as Cameron said, that it was a tragedy for which no one is to blame.
That is not true.
A crime was committed. Taylor was killed during an investigation she had nothing to do with. Just because no law was apparently broken doesn’t mean that a crime wasn’t committed.
The real crime was what led to the infamous encounter — the police work, the warrant and errors made during the investigation. Basically everything that led the officers entering the residence on March 13.
The perpetrators might be former Louisville Metro Police Chief Steve Conrad and the supervisors in the investigation process. Their actions needlessly placed their officers and innocent citizens in danger.
A crime was committed. However, there is no law to fit this crime.
The only justice will have to come through the civil lawsuits and through changes to law enforcement in Louisville and nationwide. Louisville has agreed to pay the family $12 million in damages in the lawsuit settlement. Other lawsuits are pending.
As far as changes happening to the police department, many have already happened. Conrad retired weeks after the initial incident. Hankinson was terminated with the department. There is likely going to be additional personnel changes once a new police chief is hired.
Nationwide, we may see the end of the no-knock search warrant. It is has solved a lot of cases, especially here in Newton County. I witnessed how this action has helped clean up the streets of our area.
It’s a question that we have to ask ourselves: Is the risk worth the reward? The stakes are high if we continue to do it and just as high if we stop it. That is a question best left to the people and to the lawmakers in our country.
Regardless of what happens with that, the way law enforcement does its job will change tremendously, but defunding law enforcement isn’t an option.
If fact, most police and sheriff’s departments need an increase in funding to be able to make the changes that will be required of them by the people. Lots of training will be required initially and on a regular basis.
More personnel will be needed, and they’ll need good salaries. More equipment will be needed. Officers will need the best health care for their mind, body and spirit.
With that increase in funding will likely come with an increase in oversight and accountability, but I think it may be something law enforcement would welcome if we are willing to make the investment.
Contact Brent at bmaze@-newtoncountyappeal.com.
