US: Cop who killed Indian student won't face criminal charges
The United States (US) police officer who struck and killed Indian student Jaahnavi Kandula in Seattle while responding to an overdose call, will not face any criminal charges due to lack of "sufficient" evidence, authorities said. The King County Prosecutor's Office said they will not move forward with criminal charges against Seattle Police Officer Kevin Dave. In a statement, the King County prosecuting attorney said, "Kandula's death is heartbreaking and impacted communities in King County and across the world."
Why does this story matter?
In January 2023, Kandula was hit by Dave's patrol vehicle while crossing the road and thrown almost 100 feet. The officer was reportedly driving his car at a speed of 119km/hour. In a bodycam footage released by the Seattle Police Department later, Dave's colleague Daniel Auderer was heard laughing about the crash. "She was 26 anyway, she had limited value," Auderer was heard saying in the video. Amid outrage over the insensitive remarks, Auderer was pulled off patrol duty.
'Insufficient evidence to prove criminal negligence'
In a memo to Seattle police, prosecutors wrote there was not enough evidence to prove Dave showed "conscious disregard for others' safety." "After staffing this case with senior deputy prosecuting attorneys and office leadership, I have determined that we lack sufficient evidence under Washington State law to prove a criminal case beyond a reasonable doubt," the prosecutor's office said. The statement also said that the prosecutor's office finds Auderer's comments, recorded on the bodycam, "appalling and deeply troubling."
Auderer could still be fired for his insensitive comments
"Officer Auderer's comments were also unprofessional and undermined the public's trust in the Seattle Police Department and law enforcement in general," the statement said. "As egregious as Officer Auderer's comments are, they do not change the...legal analysis into the conduct of Officer Dave," it added. To note, Auderer could still be fired after the fallout of his insensitive comments captured on bodycam.
Auderer's disciplinary hearing scheduled for March 4
Auderer's chain of command and the Office of Police Accountability (OPA) concluded that he behaved unprofessionally. Consequently, he faces disciplinary measures ranging from nearly two weeks of suspension to termination, as outlined in a disciplinary action report. Prior to a final decision, Auderer will have the opportunity to meet with Police Chief Adrian Diaz to contest the outcome. His disciplinary hearing is scheduled for March 4, K5 News reported.
Victim's family to pursue civil action against Dave
Kandula's family in Hyderabad said that the officer's actions were "clearly reckless and negligent" and demanded accountability for Kandula's death. The family intends to pursue civil action against Dave and the Seattle Police Department, while also seeking legislative changes to prevent similar incidents in the future, reports said. They also called for the immediate termination of Auderer, who "mocked and dehumanized" Kandula in a "vile and disgusting" way. Kandula was a graduate student at Northeastern University at the Seattle campus.
'Collision due to high speed'
According to local media reports, the collision was caused due to the vehicle's high speed, which did not allow sufficient time to both Dave and Kandula to avoid a hazard. Dave was responding to a "priority one" call at the request of the Seattle Fire Department, Seattle Police Department said. Although the officer did not have his siren activated continuously, he "chirped" it at the intersection and had his emergency lights on, an earlier statement from the police department said.
