Myles Cosgrove, the former Louisville Metro Police (LMPD) detective who fired the shot that killed Breonna Taylor in March 2020, is appealing his firing.

Cosgrove began making his case Tuesday before the Metro Police Merit Board, WHAS11 reports.

Former Interim LMPD Chief Yvette Gentry fired Cosgrove earlier this year for his role in Taylor's death. In his termination letter, Gentry said he did not properly identify a target when he fired 16 times into Taylor's Louisville apartment.

In violation of standard operating procedure, Cosgrove also failed to activate his body camera prior to executing the search warrant.

At Tuesday's hearing, LMPD attorney Brendan Daugherty said the department and Cosgrove's attorneys agreed that Cosgrove violated protocol by not activating his body camera during the raid on Taylor's apartment. However, that violation on its own is not a fireable offense.

During the opening statements, both sides presented their arguments for whether Cosgrove acted reasonably on the night of Taylor's death. 

Daugherty said Cosgrove never proved that he identified and isolated a threat before firing his weapon into Taylor's apartment. 

Cosgrove's attorney, Scott Miller, argued that Cosgrove saw a muzzle flash and a fellow officer was down, so his response was reasonable and accurate. 

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