LOUISVILLE, Ky. — A motion filed this week asks for the permanent dismissal of an indictment charging Kenneth Walker with attempted murder and assault.
If the case were to be dismissed with prejudice, it would mean Walker could not be reindicted for those charges at any time.
Last month, Walker's case was dismissed without prejudice, but Commonwealth Attorney Thomas Wine explained that if further investigation brought sufficient evidence, he would bring the case back in front of a judge.
Attorney Rob Eggert said in the motion, that Walker was within his rights to “use his lawfully owned firearm to attempt to repel the intruders who had broken into his girlfriend’s home” because he claimed Walker did not think it was police. He referenced 911 calls that said, “’I don't know what is happening,” and “Somebody kicked in the door and shot my girlfriend.’”
The motion also stated that “911 received 19 calls from Ms.Taylor’s neighbors to report that there was a shootout occurring and that the police should come, apparently not realizing that the police were the ones who were shooting.”
Eggert is also asking a judge to grant Walker immunity from prosecution.
The motion also questions the reason behind the no-knock warrant.
“The Affiant went on to state that 'these drug traffickers' have a history of attempting to destroy evidence, have cameras on the location, and have a history of fleeing from police. None of these statements is truthful or accurate if referring to Ms. Taylor’s apartment,” the motion states.
The Commonwealth Attorney's Office told WHAS11 that once the motion has been formally accepted by the court, they will review it and respond.
► Contact reporter Heather Fountaine at hfountaine@whas11.com and follow her on Twitter (@WHAS11Heather) and Facebook.