The Kentucky Prosecutors Advisory Council argued that it does not have the legal authority to appoint the prosecutor.
The Kentucky Prosecutors Advisory Council unanimously decided Friday to not appoint a special prosecutor to investigate the death of Breonna Taylor, CBS News reports. The news was the latest blow to the family of the 26-year-old EMT who died after police with a “no-knock” warrant entered her Louisville apartment on March 13.
The Kentucky Prosecutors Advisory Council argued that it does not have the legal authority to appoint the prosecutor.
Christopher Cohron, a council member, said during Friday's meeting that after reviewing a petition, submitted by Taylor’s mother, Tamika Palmer, he believes the council doesn't have the legal authority to grant her request. The council unanimously agreed.
However, when it was asked if there was any opposition, some members of the public who were watching the meeting virtually disagreed with the decision and let their feelings known.
Lonita Baker, one of the attorneys representing Taylor’s estate, also disagreed with the decision and said case law supports Palmer's request for a new prosecutor, according to CBS affiliate WLKY.
"There is plenty of authority that this council can appoint a special prosecutor by majority vote," Baker said.
Palmer filed her request for a new prosecutor in October shortly after two members of the original grand jury that reviewed Taylor's case anonymously told "CBS This Morning" that they were not presented with the option to indict any of the police officers involved on charges directly linked to her death.
In September, Kentucky Attorney General Daniel Cameron announced the grand jury had not charged any of the officers in Taylor's death and believed their conduct was justified in the circumstances. One officer, former Detective Brett Hankison, was charged with three counts of wanton endangerment for firing into a neighboring apartment. He has pleaded not guilty.
Cameron said he and the grand jury had been reviewing the case for months.
A request for comment from Inside Edition Digital to Cameron’s office was not returned following the juror's interview but Cameron told a local Kentucky TV station in September that if the grand jury "wanted to make an assessment about different charges, they could have done that."
In September, Taylor’s estate was awarded $12 million by the city in damages. The mayor also announced sweeping police reform.
In documentation previously obtained by the Louisville Courier-Journal, police were authorized to carry out a “no-knock” warrant on Taylor’s Louisville home on March 13 as part of a narcotics investigation of a person who lived in a home 10 miles away. Neither Taylor nor her boyfriend, Kenneth Walker, were the investigation's target. Police had suspected, though, that Taylor’s home was used to receive drugs.
Authorities said they identified themselves, despite the “no-knock” warrant. Police said the officers were “immediately” met by gunfire when they entered Taylor and Walker's home, at which point they returned fire.
Walker called 911 during the ordeal and he was informed he'd shot an officer. He was initially charged with attempted murder, but his charges were later dropped after he said he shot in self-defense thinking he and Taylor were victims of a home invasion.
In the wake of Taylor's death, the city has banned "no-knock" warrants.
In June, Hankison was fired from the Louisville Metro Police Department. He has also been charged with three counts of wanton endangerment for bullets that hit an apartment of one of Taylor’s neighbors. He is currently contesting his termination and has pleaded not guilty. Officers Jonathan Mattingly and Detective Myles Cosgrove, who were there when Taylor was killed, have not been charged in connection to the incident. Kentucky’s attorney general has stated that their use of force was justified because Walker fired first.
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