Marching in a protest group through streets - either a downtown neighborhood or a suburban one - a few phrases are chanted: “Take Up Space!” or “Talk About It!” or “Say. Her. Name! Breonna Taylor.”
All of these phrases are shouted in an effort to be heard, because the silence of of laws, signing settlements, coloring justification, and passing of responsibility is deafening. Breonna Taylor was a 26 year old daughter, sister, girlfriend, EMS worker.
Police entered her home using a “no-knock warrant,” were encountered by a gunshot from Breonna’s boyfriend who thought he was defending their home against a robbery while Breonna was sleeping. She died after being shot 8 times and left to bleed out. Breonna’s boyfriend was arrested for shooting a police officer in the leg, and Breonna Taylor’s killers have not been arrested.
Shootings that were captured on video ending in tragedy seem to offer different examples of what to study in police reform, social justice, and why Black voices are not heard, which culminated in the Black Lives Matter movement this summer, that continues into fall. But 186 days after Breonna’s death, no arrests have been made in her name, and people nation-wide are not satisfied.
National Magazines Enter Activism On Behalf Of Breonna Taylor
At least two major magazines dedicated their covers to Breonna Taylor: Oprah Magazine and Vanity Fair. Oprah Winfrey has always appeared on the cover of her magazine, and giving the space to Breonna Taylor was the first time she did that for another person. This action was followed by buying 26 billboards in Louisville, KY, one for each year of Breonna’s life.
Vanity Fair, which was helmed by Graydon Carter for decades, is now edited by Radhika Jones, who has made it a point to shake up the message, take a direction from former V.F. editor in chief, Tina Brown, and put more women of color and interest in general on the cover. Vanity Fair commissioned the artist Amy Sherald, who painted Michelle Obama. Read more about Amy here.
Oprah’s magazine cover dedication was reported on by several media outlets, including ET Canada with hosts Graeme O'Neil, Keshia Chante, and guest co-host Akil Augustine. Akil called Oprah’s cover gift “significant” and was thoroughly impressed. Keshia additionally remarked on the billboard move by pointing out: “I love the fact that the cops are driving around looking at those billboards, feeling the pressure.” Watch the ET Canada clip to hear Oprah talk about it, and notice where the billboards are placed throughout town, next to everyday ads for an oil change.
In terms of why Breonna’s killers have not been arrested, Akil remarked that the system is set up to “protect the police officers, and not protect the citizens,” while making a point to say that a blanket statement about all police is not helpful, just like a blanket statement about Black people is not helpful. Graeme reflected: “What is the system that is set up, that you can't arrest a police officer? It's been 151 days and they are still trying to figure out how to charge these guys.”
Up in New York, local community leader and speaker for Black voices, Ali T. Muhammad of Next Step Hudson Valley, has been encouraging his audience to explore “qualified immunity” as to why Breonna Taylor’s killers have not been addressed.
Why Have No Arrests Been Made For Breonna Taylor’s Killers? An Attorney Explains
Here at Tin Shingle, we have a member who is an attorney and civil justice advocate, author Mark M. Bello. He draws upon over 40 years of courtroom experience in his Zachary Blake Legal Thriller Series. From his participation in Tin Shingle’s Pitch Whisperer Program, where he crafts different story angles to pitch to the media to get coverage for his fiction books that draw from his 40 years of legal experience, we knew he’d be just the expert to go to for an answer on why justice has not been achieved for Breonna Taylor.
The answer as to why no arrests is not easy, and Mark did not like to have to provide reasons for why the needle is not moving. [Note: Today 9/15/2020, Breonna Taylor’s family received a $12 million settlement from the city of Louisville, KY, which included police reforms signed into law. But her family ultimately wants the police officers arrested, including the one who issued the no-knock warrant.]
TIN SHINGLE: Mark - as readers everywhere are doing homework on the laws protecting police officers in Breonna Taylor’s shooting, are you able to provide guidance on what readers can research in order to discover why nothing has happened for Breonna Taylor? Is it “qualified immunity” that police are provided? Can you share some terms with our readers that will help their understanding of the current system?
“Katie: This is a complicated case, much more complicated than the cases of George Floyd and Jacob Blake, where there seems to have been little or no threat to the officers who killed the two victims. I'm not certain you're going to like my response. Remember this comes from a social justice advocate who has literally ‘written the book,’ Betrayal In Black, on the issue of an innocent Black man being gunned down by a police officer.
”In the Breonna Taylor case, the main issue is the validity and necessity of the so-called no-knock warrant (which has been discontinued in Kentucky [since her shooting]). One could argue that if the warrant is valid, so was the shooting. Inside the apartment, Breonna Taylor's boyfriend, Kenneth Walker, hears a commotion outside the door, fears a break-in of some sort, pulls out a gun, and shoots through the door. Almost every lawyer or law enforcement officer will tell you that officers who are shot at have a right to return fire. That's where the concept of "immunity" comes into play. Kentucky law actually permits the officers (and even ordinary citizens) to return fire in self-defense.
”As you well know, there has been a stream of unarmed black men shot by police over the past few months and years and things must change. But these officers must be judged on the facts and the law as it applies to this case. And this is a much harder case than, say, Floyd and Blake.
“I see 4 possible justifications for charges:
That the officer continued to shoot long after any danger was eliminated. (Ex-) Officer Brett Hankison was fired by his chief (effective June 23, 2020, and he is not happy about it) for "extreme indifference to the value of human life," by "blindly firing ten rounds" into the apartment "without verifying they were directed at someone who posed an immediate threat." (It seems to me the argument is countered by the fact that shots were fired at the police from inside the apartment—the argument seems to be predicated on how many shots Hankison fired rather than the fact that he fired in self-defense, which is tenuous at best).
Despite reports that the officers targeted the "wrong apartment," they did not. Subsequent reports indicate that Breonna Taylor was a former girlfriend of one of the principal targets of the investigation (Jamarcus Glover has since been arrested) and the officers were looking for evidence they suspected was inside the apartment. However, that could have been done in a much safer manner, under the circumstances. They could have showed up at the door, in broad daylight, knocked and announced themselves, and served and executed the warrant. There is no evidence that the people inside (Taylor or Walker) were any threat to their safety. The type of warrant used was unnecessary for subject of the warrant (Taylor). Neither Taylor nor Walker had a criminal record or were targets of the broader investigation (although Taylor was, indeed, the target of the warrant, a fact that has also been misreported). So, some type of negligent execution of or method used argument could justify charges.
There have been allegations made (we'll see what the investigation reveals) that the warrant itself was fraudulently obtained. Detective Joshua Jaynes applied for the warrant alleging that a postal inspector verified that a drug dealer was receiving packages at Taylor's home. Post-office representatives claim that allegation is false. Jaynes could be charged with swearing falsely to an affidavit for a warrant, and if Mattingly and the third officer, Myles Cosgrove, knew it was false, they would forfeit their right to argue self-defense.
There has also been an argument made that no one rendered treatment and that Taylor lived for several minutes after the shooting without care or treatment. An additional "indifference to human life" charge might justified if this allegation proves to be true.
“The bottom line, however, is, under Kentucky state law, the use of deadly force is justified by anyone, the police or a civilian, if he or she believes such force is necessary for protection against injury or death (which is certainly the case here). I doubt we will see any serious charges filed here (unless the warrant is proven to be totally bogus or fraudulently obtained).
”Still, this is a very troubling situation when we consider social justice issues. These ‘no-knock’ warrants need to be reconsidered in light of 4th Amendment protections that suggest that a 'man's home is his castle', secure from unreasonable search and seizure. From Cornell Law School: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
“I would certainly argue that this "search" was unreasonable under the circumstances. Unless there was some concern that a crime was being committed inside the apartment and/or evidence was being destroyed at the moment of execution, there was no justification for the methods used to execute the warrant. (Think about television shows where the criminal is flushing drugs down the toilet as the police enter the premises.)
”The city of Louisville has banned "no-knock" warrants (a victory for the 4th Amendment), and, in general, I think these warrants should only be justified when there are very exigent circumstances. Officers should not be allowed to shop for ‘law & order’ friendly judges, and the application process of obtaining a warrants, with the evidence supporting it, should be a formal court proceeding, with a court reporter recording all conversations between the judge and the officers involved.
”I hope this helps to clarify things; I'm not sure this is what you were looking for. Clearly, this case is not similar to Floyd or Blake or similar cases of unarmed black men being shot by police (unless the whole warrant was a racist sham and a deliberate attempt to harass and terrorize two black citizens—of course there is absolutely no evidence of that). I am happy to answer additional questions.”
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As we explore the intricacies of the law, policing, and education, homework is certainly needed to be done. If you are an author or expert in your field, you can absolutely pitch your knowledge points to the media. Whatever you are thinking, or wishing would happen, pitch it. If you have an opinion on how the NFL, NBA or now professional tennis players are making statements, and how they can make those statements better or more concise, pitch it to the media! Talking points are looked for by reporters, producers and booking agents all of the time.
Tin Shingle’s Pitch Whisperer program can help. Start your membership today and start pitching.
Private Training is also available for those who need a little hand-holding on their time.
