LOUISVILLE, Ky. (CN) — Kenneth Walker, the boyfriend of the late Breonna Taylor, is asking the court for immunity from prosecution for firing his gun at police the night they entered Taylor’s apartment and killed her.
In his lawsuit filed Tuesday, Walker argues that Kentucky’s “stand your ground law” protects him from any criminal liability as he was acting in self-defense on the night of March 13, when he fired a single gunshot at officers as they entered Taylor’s home.
Walker was originally charged with the attempted murder of a police officer and while those charges were later dropped, the lawsuit is seeking protection against any further charges stemming from his actions.
“The charges brought against me were meant to silence me and cover up Breonna’s murder,’ Walker said at press conference held Tuesday. “For her and those that I love, I can no longer remain silent.”
The complaint alleges that in the early morning of March 13, during a search for illegal drugs, police failed to identify themselves while knocking on the door and before entering Taylor’s home.
Walker claims that he and Taylor were in bed, when they heard a “loud boom” at the door, and after retrieving their clothes Taylor repeatedly asked “who is it?” in response to the knocking but heard no answer.
When police threw open the front door, Walker fired a single shot at what he believed to be an intruder who was illegally entering the apartment.
What came next, according to the complaint, was the firing of roughly 35 shots into the apartment by police, which resulted in the death of the 26-year old Taylor.
During the event, an officer was struck with a bullet, which led to the Walker’s arrest and the filing of the now dismissed charges. The complaint states that Walker told police that he heard no officers announce themselves, only banging at the door.
Steven Romines, one of Walker’s attorneys who joined him at the Tuesday press conference, said it is unclear that it was even the bullet from Walker’s gun that struck the officer.
“We think it is much more likely that one of the 35 to 45 shots fired by LMP is what struck Officer Mattingly,” Romines said.
However, protection against further prosecution is only a part of what Walker’s lawsuit is seeking. He is also seeking damages for assault and battery for the shots they fired into the apartment and their actions during his arrest.
Walker claims that after the shooting was done, and despite fully complying with police commands, he was threatened with a police dog by an unknown officer who said, “I’m going to let this dog go, if you don’t get on your knees.”
After being placed in handcuffs, the lawsuit claims that another officer told Walker “You’re going to jail for the rest of your life.”
“Kenny continues to reel from the death of the love of his life, but he is also the victim and survivor of police misconduct — misconduct that threatens his freedom to this day. Kenny, who has already sustained life-long trauma, still fears harm from those who consider him a danger and seek to take away his freedom again,” the complaint states.
Walker is asking the court to find that the Louisville/Jefferson County Metro Government does not have immunity against his claims, and he seeks an unspecified amount of monetary damages.
“Plaintiff is entitled to compensatory damages for the trauma, humiliation, indignity, physical pain, mental suffering, or mental anguish he suffered, including the negligent infliction of severe emotional distress as a result of witnessing the shooting and death of Breonna Taylor,” the complaint states.
Another one of Walker’s attorneys, Fredrick Moore, spoke to exactly how profound of an effect the events have had on Walker.
“His entire life has been changed. Not only is the love of his life gone, and he has had to deal with that. But let’s also talk about the potential psychological effects of being shot at that many times in the dark,” said Moore at a press conference.
Walker’s lawsuit comes on the heels of reports that a plea deal of an accused drug trafficker would have implicated Taylor.
Sam Aguiar, attorney for the Taylor family, claims in a social media post that a plea offer to Taylor’s ex-boyfriend Jamarcus Glover, lists Taylor as a “co-defendant” in activities that extend weeks past her death.
Glover and others were arrested on drugs charges the same night Taylor was shot and killed by police.
Kentucky Commonwealth attorney Thomas Wine released a statement Monday denying that Taylor was ever a defendant in the Glover case.
“Breonna Taylor was never a Co-Defendant in the Jamarcus Glover case. A case including Breonna Taylor as a Co-Defendant was never presented to the Grand Jury nor did our office ever consider presenting one to the Grand Jury with her name. Our office has not and does not posthumously indict any person who is deceased,” Wine said. “The plea sheet that Sam Aguiar posted on Facebook was a draft that was part of preindictment plea negotiations with Mr. Glover and his attorney. Those drafts were never part of the court record and are not court documents.”
Taylor’s death has sparked months of national outrage and protests, in part because none of the officers involved in her death have been criminally charged. Only one officer, Brett Hankison has been fired.
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