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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New Delhi (PTI): Congress leader Rahul Gandhi on Monday said the Opposition is protesting for the right to vote for every Indian and demanded a "clean and pure" voter list, asserting that the issue of alleged irregularities pointed out by him will "explode" soon as it is not related to a single constituency but the whole country.
Indicating that he would not submit a signed affidavit as sought by the Election Commission, Gandhi asserted that the data analysed by the Congress to provide "proof" of "vote theft" is taken from the EC website.
"This is their data. It is not my data that I should sign. It is their data only and has been taken from their website. This is only a move to distract," he told reporters.
The Leader of Opposition in Lok Sabha, who participated in a protest march by the opposition on the "vote theft" issue, said the Election Commission is "silent" as the truth is before the entire nation after his charge that over one lakh votes in an assembly constituency in Karnataka were found to be fake in a research conducted by his party.
"Another thing I want to tell is that this has not just happened in Bangalore, but in different constituencies across the country, and the Election Commission knows this. The EC knows that this data will explode. What it is trying to control and hide, we will bring it out, and it will explode. The EC knows this," he told reporters.
Gandhi was briefly detained along with others as police stopped the protest march by opposition MPs from Parliament House to the EC office.
"They (EC) cannot talk as the truth is before the entire nation," the Congress leader said as he was being taken away in a bus by the police.
"This fight is not political, but for saving the Constitution," he asserted.
This fight is for 'one man, one vote' and we want a clean, pure voter list," the Leader of Opposition in the Lok Sabha added.
He said all the MPs of the INDIA alliance were stopped and taken into custody when they were going to meet the Election Commission.
"The truth of 'vote theft' is now before the country. This fight is not political; it is a fight to protect democracy, the Constitution, and the right to ‘one person, one vote’.
"The united opposition and every voter in the country demand a clean and transparent voter list. And, we will secure this right at all costs," Gandhi claimed in a post on X later.
Gandhi had on Thursday cited data from the 2024 Lok Sabha polls to claim that over 1 lakh votes were "stolen" through five types of manipulation in Mahadevapura assembly segment in Karnataka. He alleged there were 11,965 duplicate voters, 40,009 with fake and invalid addresses, 10,452 bulk voters or single-address voters, 4,132 voters with invalid photos and 33,692 voters misusing Form 6 of new voters.