Floyd death sparks efforts to hold more officers accountable
SALEM, Ore. — The murder charges against the four police officers involved in George Floyd’s death present rare instances of officers being held legally responsible for their actions. Now state lawmakers around the country want to make it easier to do.
In the days since protests rocked cities across the U.S., lawmakers and other elected officials have introduced proposals to take such charging decisions away from local prosecutors, eliminate officers’ wide immunity from lawsuits and make the relationship between prosecutors and police less cozy.
Police fatally shoot about 1,000 people each year across the country, according to a Washington Post database. Since the beginning of 2005, 110 non-federal law enforcement officers have been arrested on murder or manslaughter charges resulting from on-duty shootings. Five were convicted of murder and 22 of manslaughter, said Philip Stinson, a criminal justice professor at Bowling Green State University who maintains a database of cases.
“When there is a fatal shooting by a police officer … investigators seem to start with the assumption that the shooting by the officer was legally justified,” said Stinson, a former officer. “As a result, the investigations are often incomplete and inadequate, making it difficult for prosecutors to successfully prosecute.”
Initiatives introduced in several states would put the state attorney general’s office in charge of investigating and, if warranted, prosecuting officers accused of wrongdoing.
In Oregon, the Legislature’s People of Color Caucus is seeking the legislation, which would apply to any death or serious injury caused by police. Democratic House Speaker Tina Kotek said she supports the proposal.
Some advocates point to recent fatal shootings of black men by law enforcement in Sacramento, California’s capital, as a reason to seek change.
Stephon Clark was killed in 2018 while holding a cellphone. Police said they thought it was a gun. Officers tried to run down Joseph Mann with a squad car and then gunned him down in 2016 after he brandished a pocket knife. Sacramento County sheriff’s deputies killed Mikel McIntyre in 2017, firing at him more than two dozen times as he ran along a highway after hitting a deputy in the head with a rock.
No charges were filed in any of those cases, leading to criticism that Sacramento County District Attorney Anne Marie Schubert was too close with law enforcement.
To eliminate even the appearance of a conflict of interest, three district attorneys and a former one in California urged the state bar association to prohibit elected prosecutors or candidates for the job from accepting campaign donations or other political support from law enforcement unions.
“Such a rule change will not only help to avoid conflicts and ensure independence on the part of elected prosecutors, it will also enhance trust in our criminal justice system at a time when it is sorely needed,” they wrote.
Taking his own initiative, and invoking Floyd’s name, a district attorney in Oregon said he will no longer seek or accept donations or endorsements from law enforcement unions, law enforcement officers and defense attorneys.
“Let’s make our criminal justice system what we know it should be,” Deschutes County District Attorney John Hummel said on the grounds of the county courthouse.