x
Breaking News
More () »

Judge declares mistrial in Brett Hankison federal trial after jury deadlocks

The trial marked the second attempt by prosecutors to convict Hankison for his actions on the night Breonna Taylor was shot to death by LMPD.
Credit: AP
Former Louisville Police officer Brett Hankison examines a document as he answers questions from the prosecution, Wednesday, March 2, 2022, in Louisville, Ky. Hankison is currently on trial, charged with wanton endangerment for shooting through Breonna Taylor's apartment into the home of her neighbors during botched police raid that killed Taylor. (AP Photo/Timothy D. Easley, Pool)

LOUISVILLE, Ky. — After weeks of witness testimony and evidence, a jury could not come to a decision in the federal trial of former Louisville Metro Police officer Brett Hankison.

Hankison was accused of using excessive force when he blindly fired 10 shots into Breonna Taylor's apartment during a botched raid in 2020. Federal prosecutors said Hankison's actions violated the civil rights of Breonna Taylor, her boyfriend, and their neighbors.

On Thursday, the 12-person jury felt they could not honestly and reasonably reach a verdict, and they became deadlocked on both counts. Therefore the judge called a mistrial.

Credit: United States District Court
The above documents show the questions the jury had to deliberate on in Brett Hankison's federal trial.

When asked if federal prosecutors will retry the case, a Department of Justice spokesperson told ABC News they are "actively considering all of our available options."

However, Taylor's family's attorney, Lonita Baker, is confident this won't be the last time Hankison is in the courtroom.

"The attorneys from the Department of Justice did indicate that it is their intention to retry Brett Hankison in this case again," Baker said.

A hearing is set for Dec. 13 to determine if the federal government will bring Hankison to trial again.

The trial marked the second attempt by prosecutors to convict Hankison for his actions on the night Taylor, a 26-year-old Black woman, was shot to death by police after they knocked down the door of her apartment.

Last year, Hankison was acquitted on multiple wanton endangerment charges in a state trial.

Trial Background

Throughout the trial, Hankison’s attorneys argued that he was able to have a clear line of sight through the gaps of the apartment’s window and sliding door, which were covered with blackout curtains, and fired at the sound of a rifle.

Multiple officers testified they couldn’t see through the curtains. A former SWAT commander said he was in “complete and utter shock and disbelief” after learning officers had fired blindly because it violates LMPD’s police training.

LMPD Deputy Chief Paul Humphrey said Hankison had at least 17 years of firearms training with the department. Humphrey said officers “must know their target” before using deadly force because if not, “the wrong person dies.”

When officers burst through the apartment door, Hankison said he saw a muzzle flash revealing a man in a "rifle stance." He testified he wasn’t thinking of police protocol during the shooting because he thought fellow officers were being shot at.

“I had no choice but to react,” he said, fighting back tears.

On Monday, federal prosecutors pressed Hankison, asking if he could see a "person, a shadow or an outline of a person” before he fired his weapon. Hankison said he “could not,” but knew the threat was walking up the hallway, claiming he saw muzzle flashes in the side door from where he was standing on the sidewalk.

However, prosecutors said his shell casings weren't found next to the apartment building, and instead were found behind a gray truck in the parking lot.

Make it easy to keep up-to-date with more stories like this. Download the WHAS11 News app now. For Apple or Android users.

Have a news tip? Email assign@whas11.com, visit our Facebook page or Twitter feed.

Before You Leave, Check This Out