Kenneth Walker’s lawsuit seeking immunity under Kentucky’s stand your ground law is moving forward, with a judge hearing arguments related to some aspects of the case Monday morning.
Walker, the boyfriend of Breonna Taylor, is seeking protection from future prosecution and monetary relief for what his lawyers say were improper charges against him. Those charges came because he fired a single shot the night police broke down Taylor’s door in a middle-of-the-night raid.
His shot, which police say struck Sgt. Jonathan Mattingly in the thigh, prompted Mattingly and two others to return fire. Taylor was struck several times and died that night. Police found neither drugs nor drug money in her apartment following the incident. Her apartment was one of several residences targeted that night as part of a broader narcotics investigation focused on her ex-boyfriend. Walker said he did not know he was shooting at police.
Commonwealth’s Attorney Tom Wine dropped charges against Walker in May, though he left the possibility of future prosecution on the table.
Attorneys for both Wine and Kentucky Attorney General Daniel Cameron moved to dismiss the case against them earlier this month. Each argued Walker does not have standing to bring this case because there are no pending charges against him. Attorneys for Cameron additionally argued the case against him should be dismissed because Cameron has “no authority to prosecute Walker for any potential criminal wrongdoing.”
During a Monday morning hearing, attorneys touched on the issue of dismissal, though it wasn’t one of the motions Circuit Court Judge Brian Edwards called up for arguments. Kevin Neal, an attorney for Walker, said his side took issue with the contention that the immunity law does not apply because there is no criminal case against Walker as argued by assistant attorney general Carmine Iaccarino.
Edwards said during the hearing he would now consider motions related to discovery, consolidating this case with another and filing an amended complaint.