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From CalMatters justice reporter Nigel Duara:
Do you remember the late spring of 2020?
It started with lockouts, doomscrolling and Zoom birthdays. Then George Floyd was killed by a Minneapolis police officer. Protests broke out throughout the state and the country. The protesters wanted changes: in how they were policed, in disparities in law enforcement, and in how officers were prosecuted when they killed someone.
Buoyed by this social momentum, a lawmaker whose wavering police accountability bill — proposed and failed repeatedly — found new allies ready to pressure law enforcement. The bill would take investigations of fatal police shootings of unarmed civilians out of the hands of local prosecutors and place the responsibility on the California Department of Justice.
The bill passed. The program began its first investigation in July 2021. And right away, investigators realized they were overwhelmed.
We first reported on the police shooting program four years ago. We’ve learned that investigations into the shooting have dragged on for more than a year as families wait for some sort of closure.
We went back for another look. Here’s what we found:
- Police shooting investigations take longer, with the average case taking nearly two years and five months to resolve. Some take more than three years. This is important because the statute of limitations expires on that date, preventing officers from being decertified and preventing prosecutors from bringing nearly every possible criminal charge against someone.
- Through 41 completed investigations, the Department of Justice has never recommended criminal charges against any officer who shot and killed an unarmed person.
The Justice Department says they are doing the best they can with what they have. They requested $26 million each year for the program; they received $13 million.
Janelle Koch, whose son David was killed by a California Highway Patrol trooper in Redding, said the three-year investigation into her son’s death has brought daily reminders of the shooting.
“We can’t stop it,” she said, adding that the family still has active lawsuits against the state, county and employees. “But this is my life now. I don’t care how long it takes.”
Far from the hopes and turmoil of that summer of protest in 2020, this is the sobering reality of police accountability. It’s rarely about dramatic scenes in courtrooms or city council meetings. Instead, the most important decisions are now being made behind closed doors at the Justice Department while the cases pile up and pile up.
Got a tip on California police shootings or another justice story? Email me at nigel@calmatters.org.
