Opening statements to begin in federal retrial of former officer charged in Breonna Taylor case
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(LOUISVILLE, KY) — Opening statements are set to begin Monday in the federal retrial of Brett Hankison, a former Louisville police officer accused of violating the civil rights of Breonna Taylor, her boyfriend and their neighbors in 2020, when Taylor was shot and killed in a botched police raid.
The initial trial ended in a mistrial last year when the jury reached an impasse because they were not able to reach a unanimous decision.
Hankison was charged in a two-count indictment in August 2022 for deprivation of rights under color of law, both of which are civil rights offenses. According to court documents, he was charged with willfully depriving Taylor and her boyfriend, Kenneth Walker, of their constitutional right to be free from unreasonable seizures, which includes the right to be free from a police officer’s use of unreasonable force during a seizure.
According to court transcripts, he was also charged with willfully depriving Taylor’s three neighbors of their right to be free from the deprivation of liberty without due process of law, which includes the right to be free from a police officer’s use of unjustified force that shocks the conscience.
He has pleaded not guilty to the charges.
The trial marks the third trial for Hankison, following the initial mistrial as well as a state trial in 2022, in which he was acquitted of multiple wanton endangerment charges.
U.S. District Court Judge Rebecca Jennings last week granted the prosecution’s motion to exclude references to Hankison’s prior court proceedings in the retrial, according to WHAS, the ABC affiliate in Louisville covering the case in the courtroom.
The judge denied the prosecution’s request to introduce evidence of his prior alleged wrongdoing while employed as a Louisville police officer, according to WHAS.
Hankison was one of three officers involved in the raid.
The plainclothes officers were serving a warrant searching for Taylor’s ex-boyfriend, who they alleged was dealing drugs. He was not at the residence, but her current boyfriend, Walker, thought someone was breaking into the home and fired one shot from a 9 mm pistol at the officers.
The three officers opened fire, shooting 32 bullets into the apartment, several of which struck Taylor, a 26-year-old emergency medical technician who was in bed at the time.
Hankison fired 10 rounds, none of which hit anyone. He was fired for violating department procedure when he “wantonly and blindly” fired into the apartment. Several of the rounds entered a neighboring apartment where a man, child and pregnant woman were living, according to prosecutors. The neighbors — Cody Etherton, Chelsey Napper, and her son, Zayden — were all sleeping at the time of the shooting, prosecutors said.
The other two officers involved in the raid, Myles Cosgrove and Jonathan Mattingly, were not charged in the incident. Kentucky Attorney General Daniel Cameron called Taylor’s death a “tragedy” but said the two officers were justified in their use of force after having been fired upon by Walker.
(MEMPHIS, Tenn.) — “I wanted some kind of revenge. I was seeing red,” one of the former Memphis, Tennessee, officers who pleaded guilty to charges connected to the death of Tyre Nichols said on the witness stand Monday evening.
The federal trial of three former Memphis police officers charged in connection with the January 2023 beating death of Nichols continued Tuesday morning after prosecutors called ex-officer Emmitt Martin III to the stand, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom.
Martin, whose nickname on the force was “Full Can” for what prosecutors said was his use of pepper spray against suspects, started Tuesday’s testimony by watching the footage from the night of Nichols’ stop, WATN reported.
“They were assaulting him,” Martin said of his former partners. “I was already angry that he ran. I kicked him … They [his former partners] were holding him up. He was helpless.”
Martin admitted to kicking Nichols four times and punching him five times and said the Memphis resident remained passive even when officers were aggressive with him, according to WATN.
Martin testified at the trial of former officers — Tadarrius Bean, Demetrius Haley and Justin Smith — who were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
Martin and Desmond Mills Jr, the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
“You get your a– beat,” Martin said when prosecutors asked about a term his former unit used called the “run tax”, which referred to the consequences suspects paid for running from police, WATN reported.
Body camera video shows Martin tossing his camera so their confrontation with Nichols wouldn’t be recorded. Martin admitted to not using his body camera video and said he was unaware of the Skycop camera recording the incident above them until he saw it on the news, WATN noted.
“If I couldn’t justify, I would have to cover it up. I’m not going to tell on them [my partners] and they’re not going to tell on me. It was understood,” Martin said. “I lied.”
According to WATN, in police reports, narratives read that Nichol swung at officers and tried to grab Martin’s gun. Martin said he never saw that occur.
The ex-officer claimed that he was hit by a car in November 2022 and returned to work Jan. 3, 2023, according to WATN. Martin said he was scared, angry and eager to show he could still do the job and wanted revenge for being struck by a vehicle.
On Jan. 7. 2023, the night Nichols was pulled over, Martin said he saw Nichols speeding and changing lanes without a signal, WATN reported. The former officer said he ran Nichols’ license plate and it came back clean. Martin claimed that he switched to car-to-car radio channels and reached out to Haley, who said he would take the lead on apprehending Nichols.
Prosecutors noted that Martin and Haley were called the “Smash Brothers,” according to WATN.
Martin said he blocked Nichols’ car once he caught up to him — a maneuver department policy designates only for felonies — resulting in Martin escalating it to a felony stop even though it wasn’t, WATN reported.
Martin claimed that he and Haley both approached Nichols’ vehicle with guns drawn and Haley pulled him out, WATN noted.
“No, never got a chance to,” Martin said when asked if he gave Nichols any reasons for why they pulled him over, according to WATN. “Just didn’t.”
“You can be charged by the department and possibly [end up] here,” Martin said when prosecutors asked what his police training taught him about use of force, WATN reported.
Martin said they should’ve analyzed the situation first and gotten control of Nichols’ hands, WATN noted. He added that conflicting commands were given to Nichols during the arrest.
Body-camera footage shows that Nichols fled after police pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes after. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.
The prosecution told ABC News Thursday that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
SCORPION’s goal was to get guns and drugs off the street. Martin said that officers were picked based on productivity and remaining a member of the team depended on their statistics, WATN reported. Martin said they had zero arrests the night he spotted Nichols and they were told that if one officer had hands on someone that everyone had to have hands on them, WATN noted.
The trial was paused for lunch and Martin’s testimony continued after, according to WATN.
(NEW YORK) — A mother of four who has been missing for nearly six months has been found dead in a wooded area in Missouri, authorities confirmed.
Sheriff Dave Marshak of the Jefferson County Sheriff’s Office announced that the body of 33-year-old Emily Strite, who was first reported missing on April 20, was discovered in a wooded area approximately 45 miles southwest of St. Louis, Missouri, according to a statement from the Jefferson County Sheriff’s Office released on Tuesday.
“On September 28th, deputies responded to a wooded area near the 4100 block of Frissell Road in De Soto for a report of human skeletal remains found by the property owner,” authorities said. “Through comparison to medical and dental records, investigators with the Regional Medical Examiner’s Office determined the remains are those of Emily Strite. She was reported missing in the De Soto area in April of this year.”
Detectives said in April that Strite was last seen on foot wearing jeans and a dark blue hoodie on the morning of April 12 in the De Soto area and “is believed to have been leaving the area of her own free will,” police said.
“At this time, Strite’s cause of death is undetermined, and investigators are working to learn how her body ended up where it was found,” Jefferson County Sheriff’s Office said.
The investigation into her disappearance and death remains ongoing and there are no reported suspects or persons of interest in the case.
“[Due] to the ongoing investigation, we ‘Emily’s Family’ are asking that nobody visits/disturbs the area mentioned of where Emily was recovered,” Strite’s mother posted on social media after authorities confirmed her body had been found. “Please respect our wishes and stay away from the area. We will share details when they are available.”
Anyone with information is asked to call the Jefferson County Sheriff’s Office Detective Bureau at 636-797-5515.
Gallatin County Sheriff’s Office in Bozeman, Montana. Via Google Maps Street View
(BIG SKY, Mont.) — A Montana man has been charged in the killing of a fellow camper that was so brutal it was initially reported by a 911 caller as a possible bear attack.
Daren Christopher Abbey, 41, of Basin, Montana, has been charged with deliberate homicide in the killing of Dustin Kjersem, authorities announced at a news conference Thursday evening.
Gallatin County Sheriff Dan Springer said Abbey confessed to the killing after investigators zeroed in on him based on DNA collected from a beer can inside the slain man’s tent.
The sheriff said it does not appear the two men knew each other and that they met in a “chance encounter” as Abbey searched for a campsite.
“There does not appear to be any connection between our victim and our suspect,” Springer told reporters Thursday.
Kjersem’s body was found dead in a tent on Oct. 12 in a fairly remote camping area in the Moose Creek area.
The sheriff said Kjersem arrived in the Moose Creek area on Oct. 10 for a camping trip and had set up a wall tent, complete with a wood stove, beds and lamps.
That same night, Abbey was also in the area looking for a place to camp and noticed Kjersem had already taken the campsite, the sheriff said.
Abbey told investigators Kjersem “welcomed him to the campsite” and offered him a beer, the sheriff said.
Then at some point Abbey hit Kjersem with a piece of wood, stabbed him in the neck with a screwdriver and then hit him with an ax, the sheriff said.
The motive for the attack is still unknown, the sheriff said.
“We have a bit of his story, but … we don’t really know what the true story is,” Springer said.
The sheriff said Abbey later returned to the crime scene to remove items from the campsite that he believed might have evidence to tie him to the killing, including a cooler, firearms and the ax.
Kjersem was last heard from on Oct. 10 as he was leaving to go camping for the weekend. He had plans to pick up his girlfriend on the following day and take her out to the campsite, the sheriff said. When he didn’t show, she grew concerned and went with a friend to the campsite and found his body inside his tent.
The initial 911 call reported it as a possible bear attack.
When investigators responded to the scene of the crime, a Montana Fish, Wildlife and Parks agent with expertise in bear attacks did not find any signs of bear activity at the scene, prompting investigators to treat the incident as a homicide, according to the sheriff’s office.
An autopsy determined multiple wounds led to his death. Kjersem’s injuries included “significant damage” to his skull, Springer previously said.
Abbey’s DNA was identified on the beer can by analysts with the Montana State Crime Lab on Oct. 25, authorities said. Abbey was located in the Butte area. He was initially arrested on Oct. 26 on a probation violation.
