‘Breonna Taylor was murdered!’

It was a tragedy. It wasn’t a murder.

1. Her apt was under surveillance in connection with an ongoing drug trafficking investigation.

2. At least one officer (none of the 3 involved) ask a judge to sign off on a warrant.
3. Judge reviews and signs off.

4. MLPD gives the warrant to the 3 officers, Mattingly, Cosgrove and Hankison, hereinafter referred to as ‘the 3.’

5. Breonna Taylor’s name and address is on it.

6. It’s not a no-knock warrant.
7. The 3 knock & announce, as verified by neighbour

8. There’s no answer.

9. They bust the door open, which is legal

10. From a darkened apt, a 9mm is fired.

11. The bullet pierces the femoral artery of Mattingly

12. Mattingly & Cosgrove Fire in the direction of the gunfire
13. Kenneth Walker testifies that he fires first. The FBI confirms the bullet that seriously injured Mattingly came from Walker’s gun. None of the cops were carrying a 9mm.
14. Mattingly & Cosgrove testified that the initial gunfire emanated from an area in the darkened hall where they saw two figures close together.

15. Ms Taylor was not in her bed. She was not asleep. The officers didn’t enter her bedroom and murder her while she was sleeping
16. Ms Taylor was hit 6 times, once fatally, in the hall. None of Hankison’s bullets hit Ms Taylor. Indeed, none were found in her apt.

17. Mr Walker testified that he and Ms Taylor were startled awake by the loud banging on the door. He said they believed that Ms Taylor’s...
... ex-boyfriend (who was being arrested at the time, but they didn’t know that) was trying to get inside. Rightfully, they were afraid.

18. This is where the tragedy happened.

The 3 were executing a legal warrant that they had been ordered to execute.
The 3 were legally entitled to enter the apt with or without knocking and identifying themselves.

The 3 had the absolute legal right and authority to return fire, esp since one had been seriously injured by the gunfire.

People die from injuries to the femoral artery, peeps.
They had an absolute right to fire in self-defence and/or to fire if another was in danger of being harmed or killed.

BUT...

Ms Taylor and Mr Walker also had the right of self-defence or to fire to save another from harm.
This is where the problem is. It’s a legal/political problem. It’s not a murder.

Who ‘murdered’ Ms Taylor?

Ms Taylor’s death cannot be a Felony Murder since we know the actions of the 3 were legal.
Did Hankison ‘murder’ Ms Taylor?

None of his bullets struck Ms Taylor.

Indeed, not one of his bullets were found anywhere within Ms Taylor’s apt.
Did Mattingly ‘murder’ Ms Taylor?

He fired in the direction of where the gun that just fired a bullet into his thigh pierced his femoral artery.

Self-defence.
Did Cosgrove ‘murder’ Ms Taylor?

He was being shot at and his partner had just been injured. He returned fire in self-defence and to prevent his partner from being more seriously injured.

( Hankison was out of the apt firing into another apt...cause genius or something).
Again, you say that the 3 should be charged with murder. OK, go look at the elements of KY’s murder statutes and then walk us through how you expect to prove every single one, as is required.

As I said, Ms Taylor’s death is a horrific tragedy, but it isn’t murder.
If you want to talk about the wisdom of executing warrants in the middle of the night on homes that police surveillance indicate aren’t overly dangerous, let’s talk.

If you think the Brass at MLPD should be investigated, yes, maybe that’s needed.
If you believe cops need more training, I agree...as do many of them.

If you think new laws should be passed to help prevent this from happening again, let’s work on that and save more people in and out of uniform. LEOs get killed in these kinds of situations, too.
All of us can work together, but we need to stop inflaming the situation with ignorance and throwing around demonstrably false claims like:

* ‘Hand’s up, don’t shoot!’

* ‘He was shot in the back!’

* ‘He was only breaking up a fight between two women over a car scratch!’
* ‘They went in her bedroom and killed her while she was asleep in her bed!!!’

Every single one of those was a lie.

And, we cannot solve anything with lies and ignorance of the facts and the law.

/fin
Addendum: A couple of points in fairness.

If I had been asleep and heard long banging and then someone came rushing through my front door, I would have probably thought it was a home invasion.

Ms Taylor and Mr Walker had a reason to be afraid of Demarcus Glover.

If they...
...didn’t hear the police identify themselves and legitimately believed Mr Glover or one of his associates were coming into the apt, I can definitely understand why they reacted as they did. I might have done the same.

That response in understandable.

Many have brought up...
...the Castle Doctrine and have said ‘It applies...unless you’re Black.’

I understand the frustration, but it’s simply untrue that the Castle Doctrine doesn’t apply to Black people.

It applies to everyone (where it’s the law). The issue, as I alluded to earlier, is that...
...two competing right are in conflict. The cops had the right to defend themselves...and so did Ms Taylor and Mr Walker. Again, this is a legislation/legal problem that must be worked out in the political and legislative arenas.

Ms Taylor is not alone. Duncan Lemp...
...a white man, was killed in an actual no-knock warrant case. The facts are still unclear and the debate rages.

https://en.wikipedia.org/wiki/Shooting_of_Duncan_Lemp

For those crying racial profiling and systemic racism, Mr Lemp, a white man who may or may not have actually been asleep, was killed...
...in a no-knock raid on 12 March 2020.

Ms Taylor, a Black woman, was killed in a knock and announce raid THE VERY NEXT DAY, 13 March 2020.

If you’re scratching your head and wondering why you didn’t know that, I know exactly how you feel. https://images.app.goo.gl/7VcebqZ1DEAaWWLT6
I would also like to point out that it appears that Mr Kenneth Walker was in legal possession of the gun...contrary to claims I’ve seen elsewhere. If you have proof otherwise, please provide. Thank you.
As indicated earlier, police officers are often killed in these types of raids, as well.

In TX, Henry Magee was originally charged with capital murder after he shot and killed Burleson County Sheriff’s Deputy Adam Sowders during a no-knock raid.

The grand jury refused to...
Again, these cases depend on the facts. There is no hard and fast rule that says ‘If you kill a civilian in a raid, you’re guilty of murder’ OR ‘If you kill a cop in a raid, you’re guilty of murder!’

There are about 20,000 raids carried out every year. ...
Most are completed without anyone being harmed, but they can be very dangerous in certain situations. Raiding a house in the middle of the night raises the odds of harm considerably.

To be sure, there are absolutely cases where a no-knock raid is absolutely warranted...
For example, if a child murderer is raping and preparing to murder a child, the idea that cops should be required to knock first is patently absurd.

OTOH, there are cases where a no-knock or knock-identify-bust-in raid is just not necessary...and people on both sides of...
...the blue line can pay the price.

I understand the pain, but those calling for murder charges against the 3 are wrong. The law and the facts do not support a murder conviction. That may be hard to beat, but it’s nevertheless the truth.

Let Breonna Taylor be the...
...catalyst for everyone to work to change the laws and/or rules & refs that put 3 police officers, Ms Breonna Taylor, and Mr Kenneth Walker in unnecessary danger, which caused one death and a serious injury.

That would be a fitting and lasting memorial to Ms Breonna Taylor.
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