Washington (PTI): The Seattle police officer who struck and killed Indian student Jaahnavi Kandula while responding to an overdose call, will not face any criminal charges due to lack of "sufficient" evidence, authorities said.
On Wednesday, the King County Prosecutor's Office said they will not move forward with criminal charges against Seattle Police Officer Kevin Dave, FOX13 Seattle reported.
In a statement released Wednesday, the King County Prosecuting Attorney said, "Kandula's death is heartbreaking and impacted communities in King County and across the world."
Kandula, 23, was struck by a police vehicle driven by Officer Dave when she was crossing a street in Seattle on January 23. He was driving 74 mph (more than 119 kmh) 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.
King County Prosecuting Attorney Leesa Manion said that she believes they lack the evidence to prove a criminal case beyond a reasonable doubt, the report added.
"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 also 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 into 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.
Auderer's chain of command and the Office of Police Accountability (OPA) found he acted unprofessionally. For that, he faces the highest disciplinary range of nearly two weeks suspension up to termination, according to a disciplinary action report.
Before a final disciplinary decision, Auderer will have the chance to meet with Police Chief Adrian Diaz to disagree.
His disciplinary hearing is scheduled for March 4, K5 News reported.
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.
Kandula was a graduate student at Northeastern University at the Seattle campus. The university said in January 2023 that they would award her degree posthumously and present it to her family.
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Mumbai, Nov 25: Shiv Sena (UBT) MP Sanjay Raut on Monday demanded a re-election in Maharashtra using ballot papers, claiming there were irregularities with the electronic voting machines (EVMs).
Talking to reporters, Raut alleged several complaints about EVMs malfunctioning and questioned the integrity of the recently held elections.
The BJP-led Mahayuti won 230 out of 288 seats in the assembly elections, while the opposition Maha Vikas Aghadi managed 46 seats, with Shiv Sena (UBT) winning just 20 out of 95 seats it contested.
"We have received nearly 450 complaints regarding EVMs. Despite raising objections repeatedly, no action has been taken on these issues. How can we say these elections were conducted fairly? Hence, I demand that the results be set aside and elections be held again using ballot papers," Raut said.
Citing some instances, he said a candidate in Nashik reportedly received only four votes despite having 65 votes from his family, while in Dombivli, discrepancies were found in EVM tallies, and election officials refused to acknowledge the objections.
The Sena (UBT) leader also questioned the credibility of the landslide victories of some candidates, saying, "What revolutionary work have they done to receive more than 1.5 lakh votes? Even leaders who recently switched parties have become MLAs. This raises suspicions. For the first time, a senior leader like Sharad Pawar has expressed doubts about EVMs, which cannot be ignored."
Asked about the MVA's poor performance in the elections, Raut rejected the idea of blaming a single individual.
"We fought as a united MVA. Even a leader like Sharad Pawar, who commands immense respect in Maharashtra, faced defeat. This shows that we need to analyse the reasons behind the failure. One of the reasons is EVM irregularities and the misuse of the system, unconstitutional practices, and even judicial decisions left unresolved by Justice Chandrachud," he said.
Raut stressed that though internal differences might have existed within the MVA, the failure was collective.
He also accused the Mahayuti of conducting the elections in an unfair manner.
"I cannot call the elections fair given the numerous reports of discrepancies in EVMs, mismatched numbers, and vote irregularities across the state," Raut said.