Excellent article from Seattle Times reporter Steve Miletich informs us that Initiative 940, the measure that would remove a 32-year-old barrier in state law that has made it virtually impossible to bring criminal charges against police officers believed to have wrongfully used deadly force, has passed with strong support.
Passage of the measure means that prosecutors will no longer have to prove law-enforcement officers acted with “evil intent” — or so-called “malice” — when considering whether to file criminal charges such as manslaughter. Washington is the only state with such restrictive language.
The measure passed with 60 percent of the vote statewide. In King County, support exceeded 70 percent.
According to Miletich, a spokesperson for the I-940 campaign said the win means “Washington becomes the first state in the nation to pass a police training and accountability measure in response to a national conversation about use of force and relationships between law enforcement and the communities they serve.”
I-940 requires proof that a reasonable officer would have used deadly force in the same circumstance and sincerely believed the use of deadly force was warranted. I-940 also requires de-escalation and mental-health training for police; requires officers to administer first aid to a victim of deadly force; and requires independent investigations into the use of deadly force.
At one point, state legislators passed a compromise bill earlier this year that addressed concerns raised by some law-enforcement organizations about certain wording in the initiative.
I-940 proponents accepted the bill, agreeing to keep the initiative off the ballot. But the state Supreme Court agreed with a challenger that the initiative couldn’t be modified by the Legislature and must be presented to the voters in its original form.
My opinion? Excellent. It’s about time. All of us want to ensure our families, communities and law enforcement officers as safe. But last year, more people were killed in encounters with law enforcement than in 45 other states, and almost a third of those killed were experiencing a mental health crisis. No officer wants to find themselves in this situation, but right now officers in Washington aren’t provided with enough training to help them de-escalate a potentially deadly encounter.
Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
