Indian mission raises Jaahnavi Kandula case with Seattle officials
family shocked and disappointed over decision of authorities
Washington (PTI): India's consulate in Seattle has raised with authorities the case of Indian student Jaahnavi Kandula after the prosecution attorney said an overspeeding Seattle police officer who struck and killed her while responding to a drug overdose call will not face any criminal charges citing lack of "sufficient" evidence.
Kandula, 23, from Andhra Pradesh, was struck by a police vehicle driven by Officer Kevin Dave when she was crossing a street in Seattle on January 23 last year. He was driving 74 mph (more than 119 km/h) on the way to a report of a drug overdose call.
Kandula was thrown 100 feet when she was struck by the speeding police patrol vehicle.
In bodycam footage released by the Seattle Police Department, Officer Daniel Auderer laughed about the deadly crash and dismissed any implication Dave might be at fault or that a criminal investigation was necessary.
On Wednesday, the King County Prosecutor's Office said they would not move forward with criminal charges against Dave due to a lack of evidence to prove a criminal case beyond a reasonable doubt.
India's consulate in Seattle also said it was monitoring the progress in the case and will extend all possible support in ensuring justice for Kandula and her family.
"On the recently released investigation report of the King County Prosecution Attorney on the unfortunate death of Jaahnavi Kandula, the Consulate has been in regular touch with the designated family representatives and will continue to extend all possible support in ensuring justice for Jaahnavi and her family," the mission said in a post on X.
"We have also raised the matter strongly with local authorities, including Seattle Police for appropriate redress. The case has now been referred to the Seattle City Attorney's office for review," the post said on Friday.
It also said the mission was waiting for the completion of Seattle Police's administrative investigation and will continue monitoring the progress in the case.
Kandula's family in a statement following the announcement said: "We are shocked and disappointed that the King County Prosecutor's office has failed to criminally charge the Seattle police officer whose reckless behaviour killed Jaahnavi Kandula."
"We are pursuing our legal rights to obtain justice for Jaahnavi even though the City of Seattle has failed to do so," the statement added.
Fox 13 Seattle reported that nearly 100 people gathered outside the Seattle Police West Precinct on Friday to protest the decision by the King County Prosecutor's Office not to file charges against Dave.
Protesters said there had been a lack of accountability for the officer. The demonstrators accused officers of caring more about themselves than the public, and treating Kandula as if her life didn't matter.
"They are not public safety, they are a public hazard," shouted one of the protesters.
"I struggle to understand how these people can go about their day, knowing they refused to let this go to court. It's baffling," said Raymond Mitchell, another protester.
In the statement on Wednesday, the King County Prosecuting Attorney said: "Kandula's death is heartbreaking and impacted communities in King County and across the world."
King County Prosecuting Attorney Leesa Manion said that she believes they lack the evidence to prove a criminal case beyond a reasonable doubt, the statement said.
"It is the responsibility of the King County Prosecuting Attorney's Office to review all available evidence relating to the case involving Seattle Police Officer Kevin Dave and the January 2023 collision death of Jaahnavi Kandula. 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 statement also said that the prosecutor's office finds the comments made by Seattle Police Officer Daniel Auderer, recorded on his body-worn video, "appalling and deeply troubling".
Auderer, who was not involved in the January collision, was captured in the video saying, "But she is dead" and laughing while on the phone.
She was 26 anyway," Auderer said in the video. "She had limited value."
"Officer Auderer's comments were also unprofessional and undermined the public's trust in the Seattle Police Department and law enforcement in general," said Manion.
"As egregious as Officer Auderer's comments are, they do not change the PAO's legal analysis of the conduct of Officer Dave. It is the Office of Police Accountability that bears the responsibility of disciplinary investigation and proceedings relating to Officer Auderer's comment, not the PAO."
Auderer was pulled from patrol in September 2023 and reassigned to a "non-operational position".
Auderer could still be fired after the fallout of his insensitive comments captured on bodycam.
Seattle local media reported that speed was the cause of the collision, as the speed at which Dave was travelling did "not allow (Kandula) or him sufficient time to detect, address and avoid a hazard that presented itself".
Dave was responding to a "priority one" call at the request of the Seattle Fire Department, according to the Seattle Police Department. According to the police report, the officer was responding to a report of a drug overdose.
The officer did not have his siren activated continuously. Instead, the officer "chirped" his siren at the intersection. He did have his emergency lights on, according to a previous statement from the police department.
In a memo to Seattle police, prosecutors wrote there was not enough evidence to prove Dave showed "conscious disregard for others safety".
A drug recognition expert responded to the scene and found no impairment in the officer.
Former Pierce County prosecutor Mark Lindquist said if a civilian were behind the wheel, this would likely have been vehicular homicide. Dave's status as an officer changes the calculus.
Lindquist pointed out that the standard of proof is much higher in criminal cases than in civil cases.
Kandula was a graduate student at Northeastern University at the Seattle campus. The university in January 2023 said they would award her degree posthumously and present it to her family.
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Actress sexual assault: Court says Prosecution 'miserably' failed to prove conspiracy against Dileep
Kochi (PTI): The prosecution had "miserably" failed to prove the conspiracy charge against Dileep in the sensational 2017 actress sexual assault case, a local court has observed while citing inconsistencies and lack of sufficient evidence against the Malayalam star.
The full judgement of Ernakulam District and Principal Sessions Court Judge Honey M Varghese was released late on Friday, and has revealed the judge also pointing out at unsustainable arguments put forth by the prosecution.
"The prosecution miserably failed to prove the conspiracy between accused No.1 (Pulsar Suni) and accused No.8 (Dileep) in executing the offence against the victim," the court held.
It examined in detail, the prosecution's allegation that Dileep had hired the prime accused to sexually assault the survivor and record visuals, including close-up footage of a gold ring she was wearing, to establish her identity.
On page 1130 of the judgment, under paragraph 703, the court framed the issue as whether the prosecution's contention that NS Sunil (Pulsar Suni) recorded visuals of the gold ring worn by the victim at the time of the occurrence, so as to clearly disclose her identity, was sustainable.
The prosecution contended Dileep and Suni had planned the recording so that the actress' identity would be unmistakable, with the video of the gold ring intended to convince Dileep that the visuals were genuine.
However, the court noted that this contention was not stated in the first charge sheet and was introduced only in the second one.
As part of this claim, a gold ring was seized after the victim produced it before the police.
The court observed that multiple statements of the victim were recorded from February 18, 2017, following the incident, and that she first raised allegations against Dileep only on June 3, 2017.
Even on that day, nothing was mentioned about filming of the ring as claimed by the prosecution, the court said.
The prosecution failed to explain why the victim did not disclose this fact at the earliest available opportunities.
It further noted that although the victim had viewed the sexual assault visuals twice, she did not mention any specific recording of the gold ring on those occasions, which remained unexplained.
The court also examined the approvers' statements.
One approver told the magistrate that Dileep had instructed Pulsar Suni to record the victim's wedding ring.
The court observed that no such wedding ring was available with her at that time.
During the trial, the approver changed his version, the court said.
The Special Public Prosecutor put a leading question to the approver on whether Dileep had instructed the recording of the ring, after which he deposed that the instruction was to record it to prove the victim's identity.
The court observed that the approver changed his account to corroborate the victim's evidence.
When the same question was put to another approver, he repeated the claim during the trial but admitted he had never stated this fact before the investigating officer.
The court noted that the second approver even went to the extent of claiming Dileep had instructed the execution of the crime as the victim's engagement was over.
This showed that the evidence of the second approver regarding the shooting of the ring was untrue, as her engagement had taken place after the crime.
The court further observed that the visuals themselves clearly revealed the victim's identity and that there was no need to capture images of the ring to establish identity.
In paragraph 887, the court examined the alleged motive behind the crime and noted that in the first charge sheet, the prosecution had claimed that accused persons 1 to 6 had kidnapped the victim with the common intention of capturing nude visuals to extort money by threatening to circulate them and there was no mention about Dileep's role in it.
The court also rejected the prosecution's claim that the accused had been planning the assault on Dileep's instructions since 2013, noting that the allegation was not supported by reliable evidence.
It similarly ruled out the claim that Suni attempted to sexually assault the victim in Goa in January 2017, stating that witness statements showed no such misconduct when he served as the driver of the vehicle used by the actress there.
The court also discussed various controversies that followed Dileep's arrest and the evidence relied upon by the prosecution, ultimately finding that the case had not been proved.
Pronouning its verdict on the sensational case on December 8, the court acquitted Dileep and three others.
Later, the court sentenced six accused, including the prime accused Suni, to 20 years' rigorous imprisonment.
The assault on the multilingual actress, after the accused allegedly forced their way into her car and held it under their control for two hours on February 17, 2017, had shocked Kerala.
Pulsar Suni sexually assaulted the actress and video recorded the act with the help of the other convicted persons in the moving car.
