Officer involved in Breonna Taylor shooting sues Taylor's boyfriend, Kenneth Walker

October 30, 2020October 30, 2020 WKXA

Marilyn Nieves/iStockBy STEPHANIE WASH, ABC News

(LOUISVILLE, Ky.) — Sgt. Jonathan Mattingly, the officer shot and wounded during the raid on Breonna Taylor’s apartment has filed a counterclaim against Kenneth Walker following Walker’s lawsuit against the city of Louisville, numerous Louisville Metro Police Department officers, and city and state officials.

In the filing, Mattingly’s attorneys claim that he is entitled to compensatory and punitive damages for battery, assault, and intentional emotional distress. They claim that Mattingly nearly died and needed five hours of surgery for his injury.

Mattingly is requesting a trial by jury and all legal costs to be paid by Walker.

“Walker did intentionally shoot Mattingly or acted recklessly in firing his pistol in the direction of the Police Officers who were serving a search warrant,” the filing reads. “Walker’s conduct in shooting Mattingly is outrageous, intolerable, and offends all accepted standards of decency and morality.”

“Walker’s conduct has caused Defendant Mattingly severe trauma, mental anguish, and emotional distress,” the filing states.

On March 13, at Taylor’s home, Louisville Metro Police Sgt. Mattingly, officer Myles Cosgrove and former police officer Brett Hankison executed what was initially supposed to be a “no-knock” search warrant. In a briefing shortly before the raid, police officers were instructed to knock and announce at Taylor’s home, several officers told the public integrity unit in their interview. The plainclothes officers were investigating a suspected drug operation allegedly linked to Taylor’s ex-boyfriend.

Mattingly said Taylor’s boyfriend, 27-year-old Kenneth Walker, shot him in the leg when police entered the apartment, and Walker opened fire. The police fired 32 shots, eight striking and killing Taylor.

Officials determined Mattingly was shot by Walker, according to Kentucky Attorney General Daniel Cameron. While a Kentucky State Police ballistics report could not determine whether the bullet that hit Mattingly came from Walker’s gun, they determined it was his because no one else was carrying that caliber weapon. ABC News has not seen the FBI’s report.

Walker and his attorneys dispute Cameron’s claim.

Walker, a licensed gun owner, told investigators that he and Taylor asked who was at the door several times but heard no answer. Walker said he only fired a warning shot when the door broke open, because he didn’t know who entered the residence. Walker initially was charged with attempted murder of a police officer following the incident, but those charges have since been dropped without prejudice.

Kenneth Walker’s attorneys Steve Romines and Frederick Moore III, issued a statement about Mattingly’s lawsuit on Thursday.

“This is the latest in a cycle of police aggression, deflection of responsibility, and obstruction of the facts. The counterclaim just brings it full circle. If Kenny can be sued for defending himself, make no mistake, all lawful gun owners’ rights are at risk. And that should scare everyone. We intend to defend Kenny — once again — from baseless charges intended to harm, intimidate, and cover up the events of March 13, 2020,” the statement read

In an exclusive interview with ABC News and Louisville’s Courier Journal, Mattingly, a 20-year veteran of the Louisville Metro Police Department, said one of the biggest things he would have done differently was to storm Taylor’s residence without giving her time to answer what he claims were multiple knocks on her door accompanied by repeated announcements of “Police, search warrant!”

Several neighbors dispute Mattingly’s account and claim they never heard police announce themselves.

Mattingly also told ABC News he was a victim as well. “My family has been a victim in this. They have to go in hiding. They have had death threats,” he said.

ABC News’ Christina Carrega, Bill Hutchinson, Samara Lynn, Sabina Ghebremedhin and Emily Shapiro contributed to this report.