Louisville Metro Police Department Sergeant Jonathan Mattingly is suing Breonna Taylor's boyfriend, Kenneth Walker, for "emotional distress" just weeks after he was let off the hook for shooting her on March 13, according to CBS News.
The civil lawsuit says Mattingly is suffering from "severe trauma, mental anguish, and emotional distress" because of Walker.
The dispute over who shot Mattingly that night is one of the most hotly contested facts of the case, as Blavity has previously reported. During his press conference announcing the decision not to charge Mattingly, Kentucky Attorney General Daniel Cameron said Walker's one shot gave officers license to spray Taylor's apartment full of bullets, hitting her with at least six and killing her. A suit filed by Walker states one of the other officers could have been responsible for the bullet which struck the sergeant.
Cameron said the bullet that hit Mattingly in the leg matched the ones from Walker's gun, but a Kentucky State Police ballistics report did not agree, saying “due to limited markings of comparative value” it was “identified nor eliminated as having been fired” by Walker that night, according to the Louisville Courier Journal.
Friendly fire from ex-detective Brett Hankinson was ruled out because he did not have a 9mm weapon like Walker, Cameron said during the press conference.
But that statement was later proven to be untrue. Walker's lawyer, Steve Romines, appeared on CNN earlier this month and said that in discovery for Walker's lawsuit against the police, he received a document from the police department showing Hankinson was issued a 9mm gun in addition to the .40 caliber handguns they have.
Walker has denied shooting directly at the officers and said he only fired a warning shot in the air because he thought his house was being broken into. Mattingly, along with detective Miles Cosgrove both shot Taylor that night although it's unclear which fired the fatal shot per ABC News.
Dozens of witnesses have spoken to The New York Times and Vice News saying they never heard the police identify themselves and on the 911 call Walker made after Taylor was shot, it is clear he does not know the police are the ones who broke down their door.
"We know police are firing wildly from various angles. The timeline and evidence at the scene is more indicative of (police) actually shooting Mattingly than it is Kenny Walker," Romines told The Courier Journal.
Hankinson was fired specifically because he was shooting wildly, even into other apartments, and crime scene photos show that police hit dozens of surfaces during their barrage of shots fired.
"The radio transmission and the 911 calls reflect that a minute and eight seconds transpires with no shots before they start shooting into the apartment again. During that time, Hankison yells 'reload.' We know police are firing wildly from various angles. The timeline and evidence at the scene is more indicative of (police) actually shooting Mattingly than it is Kenny Walker," Romines added.
The civil suit against Walker, a licensed gun owner, calls his actions that night "outrageous, intolerable, and offends all accepted standards of decency and morality."
But in a statement from Romines shared with CBS News, he bashed the lawsuit as baseless and offensive considering Mattingly shot Taylor that night.
"Kenny Walker is protected by law under KRS 503.085 and is immune from both criminal prosecution and civil liability as he was acting in self defense in his own home. Even the most basic understanding of Kentucky's 'Stand Your Ground' law and the 'Castle Doctrine' evidences this fact," Romines said.
"One would think that breaking into the apartment, executing his girlfriend and framing him for a crime in an effort to cover up her murder would be enough for them," he added. "Yet this baseless attempt to further victimize and harass Kenny indicates otherwise," he added.
The police initially charged Walker with attempted murder for the one bullet that hit Mattingly but dropped the charges, prompting Walker to file his own lawsuit against the police department for the actions of the officers involved that night.
Both Walker and Mattingly have spoken to CBS This Morning about the case in recent weeks. As Blavity previously reported, Mattingly made a number of controversial comments about George Floyd while also justifying his decision to shoot Taylor to death.
And Walker spoke at length with CBS' Gayle King about the future that he and Taylor had planned as well as his struggles with his mental health since witnessing her being repeatedly shot.
"She would have done anything for anybody. She took care of a lot of people," he said. "So a lot of people, they need her bad right now, including me."
"To the world she's just a hashtag, a picture, and all of that. But to me it was much more. More than a girlfriend too. I think that's what I want the world to know the most. That was my best friend…The most important person pretty much to me on Earth. And they took her," he added.