(ABC News) — The ballistics report from the Kentucky State Police could not determine that the boyfriend of Breonna Taylor shot one of the officers who responded to the scene.
ABC News has obtained a portion of the Kentucky State Police’s ballistic report indicating that the bullet that struck Sgt. John Mattingly “was neither identified nor eliminated as having been fired” from Kenneth Walker’s gun “due to the limited markings of comparative value.”
Taylor, a 26-year-old Black woman, was shot to death in her own apartment in March as police were executing a “no-knock” warrant.
Taylor, dressed in her nightclothes, was shot six times by bullets fired by Officer Myles Cosgrove and Sgt. Jonathan Mattingly, Kentucky Attorney General Daniel Cameron said, adding that an FBI ballistics analysis determined that the one fatal shot came from Cosgrove’s 40-caliber weapon.
Cameron claimed the officers opened fire when Walker fired at them first with a licensed gun, hitting Mattingly in the leg, when the officers forced open the front door in the early morning hours.
In an interview with ABC News, Steve Romines, one of the attorneys for Kenneth Walker, said “the Kentucky State Police’s own ballistics’ report could not determine that Kenny’s shot is who hit Officer Mattingly.”
Cameron said the investigation showed Mattingly and Cosgrove were justified in their use of force because Walker shot at the officers first and they returned fire to protect themselves.
“This justification bars us from pursuing charges in Ms. Breonna Taylor’s death,” Cameron said.
A grand jury on Wednesday declined to indict any of the officers in connection to Taylor’s death. One officer, Brett Hankinson, was charged with three counts of felony wanton endangerment for firing errant shots into Taylor’s apartment that penetrated a wall and went in the residence of a white family.
None of the shots fired by Hankison struck Taylor, Cameron said.