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Why US cop won't face criminal charges for running over Indian
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Why US cop won't face criminal charges for running over Indian

FP Explainers • February 22, 2024, 11:26:22 IST
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The King County prosecutor’s office stated that there was insufficient evidence to prove beyond a reasonable doubt that officer Kevin Dave consciously disregarded safety when he ran over Jaahnavi Kandula, a 23-year-old Indian student in Seattle

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Why US cop won't face criminal charges for running over Indian
On 23 January 2023, Jaahnavi Kandula was struck by a police vehicle driven by officer Kevin Dave as she crossed a street in Seattle. PTI

The tragic incident involving Jaahnavi Kandula, a 23-year-old Indian student, has once again captured widespread attention, as the Seattle police officer responsible for her death while responding to an overdose call will not be charged with any criminal offences.

On 23 January, 2023, Kandula was struck by a police vehicle driven by officer Kevin Dave as she crossed a street in Seattle. Dave was travelling at a speed of 74 mph (over 119 km/h) while rushing to attend a report of a drug overdose. Kandula was thrown 100 feet when she was struck by the speeding police patrol vehicle. The incident became a major diplomatic scuffle, with India demanding an investigation into the officer’s actions.

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He is eventually cleared, though.

Here’s why.

Why isn’t the officer charged?

Authorities believe there isn’t “sufficient” evidence against Dave in the case.

“Dave was responding to a “priority one” call at the request of the Seattle Fire Department, according to the Seattle Police Department, which involved a report of a drug overdose.

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In a memo to the Seattle Police Department on Wednesday, as reported by AP, the King County prosecutor’s office noted that Dave had his emergency lights on, and other pedestrians reported hearing his siren.

Additionally, it was observed that Kandula appeared to attempt to run across the intersection after noticing Dave’s approaching vehicle. It was also mentioned that she could have been wearing wireless earbuds, which might have impaired her hearing.

A photo of Jaahnavi Kandula is displayed with flowers in Seattle, at the intersection where she was killed by a Seattle Police officer driving north while responding to a nearby medical incident. File image/AP

According to Seattle local media, Dave’s speed was the cause of the collision because it did not give him or Kandula enough time to detect, address, and avoid a hazard that presented itself.

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For these reasons, a felony charge of vehicular homicide was not warranted. “There is insufficient evidence to prove beyond a reasonable doubt that Dave was consciously disregarding safety,” the memo stated.

So, they aren’t punishing him?

According to an AP report, it remains possible that city prosecutors will file lesser charges, such as negligent driving.

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The Seattle City Attorney’s Office’s spokesman, Tim Robinson, said Wednesday that the case had not been referred to them for possible misdemeanour prosecution, and the Seattle Police Department did not immediately respond to an emailed inquiry about whether it might refer the case to that office.

Kandula’s death sparked outrage, particularly after a recording from another officer’s body-worn camera surfaced last September, in which the officer laughs and suggests that Kandula’s life had “limited value” and that the city should “just write a cheque.”

“Officer Auderer’s comments were unprofessional and undermined the public’s trust in the Seattle Police Department and law enforcement in general,” noted attorney Leesa Manion.

“As egregious as officer Auderer’s comments are, they do not change the Public Affairs Officer’s (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.”

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Protesters march through downtown Seattle after body camera footage was released of a Seattle police officer joking about the death of Jaahnavi Kandula, a 23-year-old woman hit and killed in January by officer Kevin Dave in a police cruiser, in Seattle. File image/AP

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 4 March, K5 News reported.

What do we know about Jaahnavi Kandula?

Jaahnavi Kandula was a master’s student from Adoni, Andhra Pradesh, attending Northeastern University’s South Lake Union campus. She went to the United States from Bengaluru on a student exchange programme in 2021 and was set to graduate in December of that year.

Kandula previously studied commerce at Dr Jyothirmayi Degree College in Andhra Pradesh. According to The Seattle Times, the student was raised by a single mother who also teaches at a school. Kandula’s mother took out a loan to send her daughter to the United States to study.

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David Thurman, dean of Northeastern’s Seattle Campus, described Kandula as a “stellar student and a delightful and effervescent human being.”

The university said in January 2023 that they would award her degree posthumously and present it to her family.

With inputs from AP and PTI

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