LOUISVILLE, Ky. — Two former Louisville Metro Police officers charged in the Breonna Taylor case had some of their most serious charges dismissed on Thursday.
In a new ruling, Federal Judge Charles Simpson dismissed two felony charges against Joshua Jaynes and Kyle Meany.
The two are accused of falsifying the search warrant that led to the deadly raid on Taylor's apartment.
A judge ruled that the falsified warrant was not the cause of Breonna Taylor's death. That charge carried a sentence of life in prison.
Antonio Taylor, an activist and former member of the Civilian Review Board, said it was "heartbreaking" and that he was filled with "anger, rage however [he was] not surprised." Taylor was also a community activist involved in 2020 protests.
Sam Marcosson, a law professor at Brandeis School of Law, said it's up to a judge to decide if there are any charges that won't hold up legally.
"In other words that the elements simply are not even by the allegations of the charge," he said.
In his ruling, Simpson wrote Taylor's boyfriend's decision to open fire at police as they came through the door, is the legal cause of Taylor's death.
According to court documents the judge left the fourth amendment violation intact and its up to the jury to decide.
"What he said next though was that violation even if it were proved did not cause her death or the use of the weapons," Marcosson said.
This ruling isn't the decision Antonio wanted to hear but he's still holding out hope for justice.
"Confusion and just wondering how long will it take until we finally get justice for Breonna Taylor," he said.
Marcosson said he did not agree with with one thing the judge wrote.
"Where I differ with Judge Simpson, and I say this with all respect because I think he did a careful, thorough analysis, I don't think he left enough room for the idea that the jury could've differed from his view from the extent of, to which the false affidavit were a close relationship in causing Breonna Taylor's death," he said.
Antonio said his heart goes out to Breonna Taylor's family.
"And we'll continue to seek justice," Antonio said. "But the only thing we can do is continue to go through the justice system and continue to go through the process and hope one day that we will get justice."
Meany's attorney Brian Butler told WHAS11 they're very pleased by the courts ruling.
Both Meany and Jaynes are still facing some charges in the case.
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