While much of the racial unrest ongoing in America can be traced back to racial bias and use of force by some white law enforcement officers (LEO), the Louisville Breonna Taylor case is of a different elk. Breonna’s case highlights the other bias in American law enforcement – the presumption of guilt.
While the rule of law dictates an individual accused of a crime is to be treated as if innocent until proven guilty. An individual suspected of a crime is not often afforded the same assumption. Race is not as much a factor. It’s applied across the board.
The most glaring evidence of this is a legal instrument called the ‘no-knock’ warrant. While its existence is warranted in cases where first-person evidence is overwhelming, it is not something that should be widely allowed. However, judges tend to listen to experienced detectives and LEO more often than question them. For instance, each of the five (5) no-knock warrants Louisville detectives received that fateful night had identical language seeking to justify no-knock entry:
"These drug traffickers have a history of attempting to destroy evidence, have cameras on the location that compromise Detectives once an approach to the dwelling is made, and have a history of fleeing from law enforcement."
While compelling on its face, the fact of the matter was that not one statement in this justification was true of the Taylor residence. She had no drug history at all. She had no cameras. She was never arrested or pursued by police in her life - out alone have a history of flight.
To make matters worse, police admitted they thought she was alone. The principle subject in the investigation, who had previously been seen at Breonna’s apartment, was already in custody. So 'flight' was starkly inconsistent with facts. This, in and of itself, should have made the no-knock request suspect - if not outright denied - by a judge.
Effectively, the detectives in this case lied to the judge. The judge rubber stamped the common language in the request. And those lies and actions meant the death of Breonna Taylor.
While the system failed Breonna Taylor – her death rests as much with the other occupant of the apartment: Kenneth Walker – Breonna’s boyfriend. And the evidence from the scene is quite troubling to someone who was trained in weapons and engaging non-combatants.
A key concern is that plain clothes detectives – with no body cameras - were serving the warrant and were the first into the apartment. Walker fired his handgun at the first detective through the door.
Breonna’s body had ten (10) gunshot wounds. Walker had not a scratch.
These facts alone suggest to me that the officers (still assuming Breonna was alone) thought she was firing – but the fire was actually coming from behind her in a narrow hallway. I believe it is quite possible, even probable, that Walker, intentionally or not, used Breonna as a human shield. Walker then hit the floor as soon as he realized his mistake. But it was too late for Breonna.
This incident goes way beyond any racial or political division. This is the starkest example I have witnessed of what is wrong with the American system of justice, our current gun laws and our ethos as a country.
By the numbers – from the final toll to the decisions leading there:
- Walker had a handgun – legally. He was never trained or certified in its use.
- Rather than employing SWAT trained personnel (that are trained to distinguish between unarmed bystanders and armed combatants) the police allowed plain clothes detectives to breach the scene.
- No cameras - by the resident or the LEO - were in use.
- The warrants issued were bogus. Details of the request were not only inaccurate; they may have been blatantly illegal in their lack of articulated facts with regard to Breonna Taylor. The Detective submitting the request is, in my estimation, responsible for all that followed.
- The judge needs reprimand – if not outright disbarment - over her lack of scrutiny and her acceptance of the same exact language as justification for five (5) different warrants. Each without specific cause of action for each location.
- Detective’s assumption that Breonna Taylor was guilty (of ‘something’) – without any first-hand evidence – may be the leading indicator of racial bias in this tragedy.
All sides need to answer questions here. Would protesters be marching if Breonna were white? Would detectives seek a no-knock if she were white? Would Walker have fired his weapon if he were professionally trained? Would a SWAT team have reacted differently? What if there had been a different judge?
Some questions are just that. Rhetorical. They are meant to cause concern. Promote change. They have no immediate answer.
However, unanswered, these questions can help reshape a justice system that is losing its foundation in the Rule of Law and the presumption of innocence.
JWB
Update: Shortly after the incident, the Louisville Mayor moved to eliminate no-knock warrants, require all LEO to wear body cameras and approved a monetary settlement with Taylor’s family in the amount of twelve million dollars. Protests persist.
