The police officer convicted in connection with the raid that killed Breonna Taylor should be sentenced to one day in prison, the justice department has said.

Kentucky police officer Brett Hankison was convicted on one count of abusing Taylor’s civil rights after he fired several rounds through her bedroom window during a police raid in 2020.

The death of the 26-year-old black woman, along with the May 2020 police killing of George Floyd in Minneapolis, sparked Black Lives Matter protests nationwide.

Hankison is due to be sentenced on Monday, but in a court filing submitted to the judge on Wednesday the DoJ suggested the Biden administration should not have brought charges against him.

The filing said while he “was part of the team executing the warrant, defendant Hankison did not shoot Ms Taylor and is not otherwise responsible for her death”.

“Counsel is unaware of another prosecution in which a police officer has been charged with depriving the rights of another person under the Fourth Amendment for returning fire and not injuring anyone,” prosecutors added.