Metro Louisville

The Louisville Metro Police officer who was shot during the March 13 raid that left Breonna Taylor dead, has filed a countersuit against Taylor’s boyfriend for battery, assault and emotional distress.

Taylor’s boyfriend, Kenneth Walker, allegedly shot Sgt. Jon Mattingly in the leg while Mattingly and other officers served a middle-of-the-night search warrant at Taylor’s apartment. Walker has said he believed the officers were intruders.

But in this complaint filed Thursday, Mattingly alleges that Walker “willingly or maliciously” fired at police officers.

LMPD

Sgt. Jonathan Mattingly

“Walker’s conduct in shooting Mattingly is outrageous, intolerable, and offends all
accepted standards of decency and morality,” Mattingly’s attorney, Kent Wicker, wrote in the complaint. “Walker’s conduct has caused Defendant Mattingly severe trauma, mental anguish, and emotional distress.”

Walker earlier filed a lawsuit against the state and metro government, and more than a dozen LMPD officers, including Mattingly. He is seeking immunity from prosecution under Kentucky’s “Stand Your Ground” law, as well as monetary compensation for alleged police misconduct.

Walker was originally charged with attempted murder of a police officer, but Jefferson County Commonwealth Attorney Tom Wine dropped the charges in May. Wine has said he will not consider new charges until all ongoing investigations into Taylor’s death concluded. The FBI is still investigating.

“Sgt. Mattingly was shot and nearly killed by Kenneth Walker,” Wicker said in a statement. “He’s entitled to, and should, use the legal process to seek a remedy for the injury that Walker has caused him.”

Wicker also filed a motion to dismiss Walker’s lawsuit on behalf of Mattingly and Det. Myles Cosgrove, claiming both officers are protected by qualified immunity.

“If [Walker] can be sued for defending himself, make no mistake, all lawful gun owners’ rights are at risk,” said Walker’s attorney, Steve Romines. “And that should scare everyone. We intend to defend [Walker] —once again—from baseless charges intended to harm, intimidate, and cover up the events of March 13, 2020.”

In the early morning hours of March 13, plain clothes officers assembled outside Taylor’s apartment door to serve the “no-knock warrant” they had obtained as part of a narcotics investigation into Taylor’s ex-boyfriend, Jamarcus Glover. The officers later claimed that they knocked and announced themselves several times, to the point that a neighbor came out because they were so loud.

Several neighbors have contested that account in interviews with LMPD, the Attorney General’s office and media. Walker has said he and Taylor didn’t know who was there, and when police broke the door open, Walker fired his gun. Mattingly, Cosgrove and Officer Brett Hankison fired a combined 32 shots in return.

Taylor was struck six times, and died at the scene. No officer was charged in Taylor’s death.

Attorney General Daniel Cameron said Mattingly and Cosgrove were justified in their use of force. Hankison has been fired and charged with three counts of wanton endangerment for bullets fired into Taylor’s neighbor’s apartment.

Eleanor Klibanoff is a reporter with the Kentucky Center for Investigative Reporting.