LAS VEGAS (FOX5) -- Many community members who took the streets in Las Vegas and other cities Wednesday night were protesting the lack of charges against three officers who shot into Breonna Taylor's apartment, ultimately killing her.
However, Las Vegas defense attorney Michael Troiano said murder charges might not have held up in court.
"I think that’s why so many people are upset, 'Well why isn’t he charged with murder one?' Well, here’s the thing: the only way they’d be able to prove that is if they were able to prove that they intentionally went into the wrong house and murdered her in cold blood which I don’t think any credible person can argue that based on the facts. And if there’s more information or evidence out there that proves otherwise, I’m open to see it," said Troiano.
Legally, the Louisville police officers and detectives were allowed to be inside Taylor’s apartment. They had a warrant.
"There’s a lot of questions as to apparently they don’t wear body cams in that department, that’s a problem. It was initially a no-knock warrant but then got switched just prior to a knock-warrant."
Police said they ended up knocking and identifying themselves. Taylor’s boyfriend who was sleeping next to her, said he didn't hear them. He started shooting when officers broke down the door because he said he thought they were intruders.
Hankison and two other officers fired dozens of rounds in return. While bullets flew into neighboring apartments, Taylor was shot six times and died.
"You could challenge the search warrant at a later time but that’s what weird about this case. Usually, we’re talking about things in the context of they went in, they did find drugs, they did find this and then the people residing in the home are the defendants challenging the warrant from that aspect. Which we don’t really have in this situation at all," said Troiano.
The warrant used to search her home was linked to a suspect who did not live there, and no drugs were found inside.
Activists want no-knock warrants banned. It’s why the Justice in Policing Act of 2020 is making its way through Congress. It bans chokeholds, carotid holds and no-knock warrants.
It passed in the house and is now on the Senate’s calendar.
In August, Governor Sisolak signed two criminal justice reform bills during the Special Legislative Session.