LOUISVILLE, Ky. — The charges of attempted murder and assault against Breonna Taylor's boyfriend are being dropped.
Commonwealth's Attorney Tom Wine announced at a news conference Friday that his office will move to dismiss the case against Kenneth Walker, who was charged after he fired one shot out of Taylor's apartment, striking a police officer.
Walker's attorney has said he thought they were being robbed and he did not know the intruders were police officers serving a search warrant.
Wine acknowledged that a grand jury should have seen more information before deciding to indict Walker.
"I believe that additional investigation is necessary," Wine said.
If, after further review, Wine believes that there is sufficient evidence to go back to a grand jury, prosecutors will do so. Walker will also be given the opportunity to testify, should he choose to do so.
"It's very possible there was no criminal activity on either side of that door because people couldn't hear what the other party was saying," Wine said.
Wine had previously said that any analysis of the case had to begin with Kentucky's 2006 "Stand Your Ground" law that gives residents the authority to use deadly force against intruders they believe are unlawfully entering their residence.
The Courier Journal reported Thursday that a Louisville police sergeant who obtained the indictment of Walker didn't inform the grand jury that Walker had told police he didn't know it was police who were trying to get into the apartment.
Walker's attorney, Rob Eggert, moved for a dismissal of the charges on the grounds that the commonwealth "woefully misled" the grand jury to get the indictment.
A recording of Sgt. Amanda Seelye's grand jury testimony obtained by The Courier Journal also shows she didn't tell the grand jurors that Taylor was shot and killed in police officers' return fire.
"The picture presented to the grand jury completely mischaracterizes the events that took place at Ms. Taylor's apartment and result in Ms. Taylor's death," Eggert said.
Police officials say that, despite the no-knock warrant the department had for Taylor's apartment, the officers did knock and identify themselves that night. In Walker's arrest citation, police wrote that "detectives knocked multiple times and announced their presence in an attempt to get occupants to answer the door."
That's disputed by Eggert and in a lawsuit filed by Taylor's family against Mattingly, Hankison and Cosgrove. In it, attorneys assert officers entered the home "without knocking and without announcing themselves."
Taylor's family members and attorneys representing her family have called for charges against Walker to be dropped.
"Don't African Americans have the right to the Second Amendment?" attorney Ben Crump, who is representing Taylor's family, asked last week. "He was trying to protect Breonna. He was trying to protect himself."
Follow Andrew Wolfson and Darcy Costello on Twitter: @adwolfson and @dctello.
This article originally appeared on Louisville Courier Journal: Prosecutor dismisses charges against Breonna Taylor's boyfriend