A federal judge on Monday sentenced a former Kentucky police officer to nearly three years in prison for using excessive force during the deadly 2020 Breonna Taylor raid, rebuffing a US Department of Justice recommendation of no prison time for the defendant.

Brett Hankison, who fired 10 shots during the raid but didn’t hit anyone, was the only officer on the scene charged in the Black woman’s death. He is the first person sentenced to prison in the case that rocked the city of Louisville and spawned weeks of street protests over police brutality that year.

US District Judge Rebecca Grady Jennings, in sentencing Hankison, said no prison time “is not appropriate” and would minimize the jury’s verdict from November. Jennings said she was “startled” there weren’t more people injured in the raid from Hankison’s blind shots.

She sentenced Hankison, 49, to 33 months in prison for the conviction of use of excessive force with three years of supervised probation to follow the prison term. He will not report directly to prison. The US Bureau of Prisons will determine where and when he starts his sentence, Jennings said.

The judge, who presided over two of Hankison’s trials, expressed disappointment with a sentencing recommendation by federal prosecutors last week, saying the Justice Department was treating Hankison’s actions as “an inconsequential crime” and said some of its arguments were “incongruous and inappropriate.”