Justice Dept Seeks No Prison in Breonna Case

Justice Dept Seeks No Prison in Breonna Case \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ Former Louisville officer Brett Hankison awaits sentencing for excessive force in the fatal Breonna Taylor raid. The Justice Department now recommends no prison time, citing lack of injury. Critics, including civil rights leaders, denounce the reversal as unjust and racially biased.

Quick Looks

• Ex-officer Brett Hankison awaits federal sentencing for firing shots during botched raid.
• DOJ recommends no prison, citing lack of injury and prior acquittals.
• Civil rights advocates, including Ben Crump, condemn the recommendation as racially biased.
• Taylor’s killing sparked nationwide protests against racial injustice in 2020.
• Other officers involved in the raid face no prison time either.
• DOJ’s recommendation marks a dramatic shift in prosecutorial stance.

Deep Look

More than four years after Breonna Taylor’s death became a rallying cry for police reform and racial justice across America, a controversial recommendation from the U.S. Department of Justice is reigniting anger and disbelief. On Monday, a federal judge began considering the sentence for former Louisville Metro Police Department officer Brett Hankison, who was convicted of using excessive force during the deadly 2020 drug raid that killed the 26-year-old Black woman.

The DOJ’s recommendation — no prison time — marks a stunning reversal in a case once held up as emblematic of law enforcement’s misuse of power. Federal prosecutors now argue that although Hankison’s conduct during the botched raid was reckless and unreasonable, his actions did not directly result in injury or death, thus not warranting incarceration.

Brett Hankison, a former detective with Louisville’s narcotics unit, was one of several officers involved in the early morning raid on March 13, 2020. The officers were executing a “no-knock” warrant — which was later determined to be based on false information — at Taylor’s apartment as part of a narcotics investigation centered on her ex-boyfriend. No drugs or cash were found in the apartment, and Taylor herself had no criminal record.

Hankison, standing outside Taylor’s apartment, fired 10 rounds blindly through her covered window and glass patio door after her boyfriend, Kenneth Walker, fired a single shot, believing intruders had broken in. That bullet struck one officer in the leg, prompting other officers to return fire. Taylor was hit multiple times and died in the hallway of her home.

Though none of Hankison’s bullets struck Taylor, they penetrated the walls of her apartment and entered a neighboring unit where a pregnant woman, a child, and another man were present. It was this action that led to his charges and conviction for using excessive force.

During prior legal proceedings, Hankison was acquitted on three state counts of wanton endangerment in 2022, with the jury determining he was not guilty of endangering the neighbors’ lives. In 2023, a separate federal jury failed to reach a unanimous verdict on civil rights charges, resulting in a mistrial. Despite these outcomes, the Justice Department had continued to pursue justice through the civil rights system — until now.

In its recent sentencing memo, the DOJ — now under Trump-appointed Civil Rights Division head Harmeet Dhillon — asserts that Hankison does not pose a danger to the public. The memo claims, “There is no need for a prison sentence to protect the public from the defendant.” The department is recommending one day of time served and three years of supervised release. This pivot has sparked sharp criticism from civil rights advocates and Taylor’s family, who view it as a betrayal of both the facts of the case and the principles of equal justice.

Attorney Ben Crump, who helped the Taylor family win a $12 million wrongful death settlement from the city of Louisville in 2020, condemned the DOJ’s move. In a public statement, he said, “This sends the unmistakable message that white officers can violate the civil rights of Black Americans with near-total impunity.” Crump described the recommendation as both “an insult to Breonna’s life” and a “blatant betrayal of the jury’s decision to convict.”

Adding fuel to the controversy, a presentencing report from the U.S. Probation Office had previously suggested a guideline range of 135 to 168 months (11 to 14 years) in prison based on the nature of Hankison’s conviction. But the DOJ’s recommendation argues for significantly reduced punishment, pointing to factors such as Hankison’s lack of criminal history, prior acquittals, and the absence of actual injury from his specific gunfire.

The shift in prosecutorial tone may reflect broader political dynamics within the DOJ. Dhillon, the official who signed off on the sentencing memo, recently drew national scrutiny for attempting to void reform agreements between the DOJ and the cities of Louisville and Minneapolis — cities that were at the heart of the 2020 protest movement. These settlements included commitments to overhaul police departments through federal oversight, transparency, and retraining efforts. Their potential cancellation has raised concerns among reform advocates that key gains may now be at risk.

Meanwhile, none of the other Louisville officers involved in the raid that killed Taylor are serving or facing prison time. Two of the officers who returned fire and struck Taylor were not charged, with investigators determining their use of force was justified given Walker’s initial shot. Three other former officers have been federally charged for falsifying the affidavit used to secure the warrant for Taylor’s home, but those cases have not yet gone to trial. Notably, none of those three were present during the actual shooting.

Breonna Taylor’s death, followed by the public outcry over the killing of George Floyd in Minneapolis just two months later, became a flashpoint in a global movement calling for racial justice and systemic police reform. Millions took to the streets, chanting Taylor’s name and demanding accountability. Reforms at the local and state level followed — including bans on no-knock warrants in several jurisdictions — but many feel those efforts are now being rolled back or diluted.

For Taylor’s family and advocates, the latest DOJ recommendation feels like the undoing of years of emotional and legal battles. The contrast between the federal government’s initial aggressive pursuit of charges and its ultimate lenient sentencing recommendation is stark — and for many, deeply disheartening.

As Judge Grady Jennings prepares to issue a sentence, the question looms: will the court follow the Justice Department’s recommendation and let Hankison walk away with no prison time? Or will it impose a penalty more in line with the original call for accountability in Taylor’s name?

The answer may shape public trust in the justice system for years to come — especially among communities already long skeptical of its fairness and integrity.

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