The death of a young woman in Louisville, Kentucky has started a firestorm that extends throughout the United States. It stemmed from the execution of a valid search warrant signed by a Judge. The “No Knock” warrant is a special request allowing the officers to execute in nighttime hours without identifying themselves. It requires sworn information detailing the dangers of identifying the officers prior to entry to minimize the risk to the officers. There is controversy over whether or not the officers did, in fact, identify themselves prior to forcibly entering the apartment.
During the execution of the warrant, Ms. Taylor’s boyfriend fired a shot at the entering officers which resulted in one officer being wounded by gunfire. The officers returned fire with multiple shots, eight of which struck Ms. Taylor causing her death.
After unrest in the City of Louisville and across the country, the case was presented to a Jefferson County, Kentucky Grand Jury who determined that the officers did not violate any laws in returning fire, but did issue an indictment against one of the officers for three counts of wanton endangerment, a felony, for firing shots which passed through the window of an adjoining apartment placing the occupants in danger.
The protestors continued to demand indictments and convictions for the alleged murder of Ms. Taylor, ignoring the fact that the Grand Jury is comprised of registered voters in Jefferson County rather than from law enforcement and prosecutors. The Kentucky Attorney General, who presented the case to the Grand Jury, announced the unprecedented action of releasing the transcript of the Grand Jury proceeding to the public the week of October 4th, 2020.
The Attorney General received major criticism over his choice to present the case to a Grand Jury rather than issue a Bill of Information to charge the officers, even though this is a normal action. If the Grand Jury refuses to indict which only requires a three-quarter vote, the likelihood of obtaining a conviction which requires a unanimous vote is minimal at best.
This is an example of political pressure controlling the criminal justice system and sets a precedent that will have far-reaching effects. The criminal justice system is designed to be based upon existing law and not on the sentiment of the community.
The death in this case is clearly a tragedy, but that fact does not automatically translate to criminal activity. The warrant was legal and the officers merely defended themselves when deadly force was used against them. The City of Louisville settled a civil lawsuit for twelve million dollars which was the proper forum for resolution. There is nothing that will bring the family of Ms. Taylor peace and justice.