The Jefferson Commonwealth’s Attorney is seeking to dismiss with prejudice the criminal charges against Kenneth Walker from last March’s fatal police shooting of Breonna Taylor.

If a judge grants the request, Walker couldn’t be recharged in the case.

Walker, Taylor’s then-boyfriend, was arrested and charged with assault and attempted murder of a police officer after he shot Sgt. Jonathan Mattingly in the thigh as police burst into Taylor’s apartment shortly before 1 a.m. March 13, 2020.

Walker has maintained he did not know police were at the door and thought intruders were breaking in.

Those charges were dismissed without prejudice in May, with Jefferson Commonwealth’s Attorney Tom Wine calling for more investigation to determine if criminal charges were warranted.

Wine said then he believed officers knocked and announced themselves before ramming in Taylor’s door but added it was conceivable Walker did not hear them announce they were police. 

Now, an assistant commonwealth’s attorney in Wine’s office argues in a motion filed Thursday that many of the pending investigations have concluded.

“No new information relevant to the charges against (Walker) in this matter has been brought to commonwealth’s attention,” according to the filing signed by Wine and Assistant Commonwealth’s Attorney Ebert Haegele. 

“As such, the commonwealth moves the court to amend its prior dismissal of this matter without prejudice to a dismissal with prejudice.”

A hearing before Judge Olu Stevens is scheduled for 11 a.m. March 8.

https://www.courier-journal.com/story/news/local/breonna-taylor/2021/03/04/prosecutor-seeks-permanently-dismiss-kenneth-walker-charges-breonna-taylor-boyfriend/4582057001/