Jurisdictional matters

In police shooting cases, accountability is key

In the wake of Antwon Rose II’s death last week came calls for Allegheny County District Attorney Stephen A. Zappala Jr. to remove himself from the case and let state Attorney General Josh Shapiro handle the investigation.

Antwon, 17, was shot three times by East Pittsburgh police Officer Michael Rosfeld when he attempted to flee a traffic stop. Because local prosecutors must work closely with police, it was said, Mr. Shapiro was better positioned to conduct an impartial investigation. Mr. Zappala kept the case — and answered his critics Wednesday by charging Officer Rosfeld with criminal homicide.

Yet the issue is larger than Antwon. Someday, inevitably, another police officer will shoot a citizen, and the community will be outraged. In the future, who should have jurisdiction over officer-involved shootings?

Mr. Zappala’s critics raised legitimate concerns. District attorneys do have to work closely with local police. They’re usually on the same team, and investigating one’s teammate can be awkward. Giving the attorney general jurisdiction might make for better grounded decisions in some cases.

Civil-rights leader Tim Stevens has thought about this issue for some time. Last year, he sent Mr. Zappala a letter expressing support for legislation that would require the attorney general’s involvement when citizens are killed by police.

However, it’s important to remember this: Any gains in impartiality would be offset by a community’s loss of political capital. It is easier for aggrieved parties to hold a county prosecutor responsible for his actions than a state official far removed from the incident and beyond the local electorate’s grasp.

This is true in all 67 counties. If a sufficient number of voters object to a DA’s handling of an officer-involved shooting, or any other matter, they can elect a replacement. If all voters in a county objects to Mr. Shapiro’s handling of a case, that might affect his career not a whit.

Antwon’s death sparked protests in the streets. While it would be making too great a leap to say that the protests forced Mr. Zappala’s decision to file charges against Officer Rosfeld, the marchers kept the public’s gaze riveted on the case, garnered the support of other elected officials and probably ensured a speedy investigation.

Proximity to the scene of the shooting, to Pittsburghers’ sensibilities and to Mr. Zappala’s office empowered the protests. Would they have had the same effect, would they have been logistically feasible, at Mr. Shapiro’s office in Harrisburg? Mr. Shapiro and police work as a team, too.

Although he must work closely with police, Mr. Zappala is not in lockstep with them. He has sometimes pursued charges against police for improper shootings and other misconduct. In other cases, he has not charged officers even when critics thought he should, diminishing his reputation in some quarters. He has taken steps to improve police procedure, such as his decisions last year to tighten the reins on police chases and require police to work with victims’ advocates in missing person cases. He has criticized police who crossed him one way or another.

Jurisdiction over police-involved shootings should remain with the counties’ district attorneys, who have the option of calling in the attorney general if a true conflict of interest arises. This will allow citizens to monitor these important cases and hold officials’ feet to the fire.