The Washington State Auditor’s Office found local law enforcement agencies generally complied with state law on independent use-of-force investigations in four police shootings in 2020 and 2021.
The audit reports — three of which were released Thursday — analyzed the investigations into the police shootings of William Abbe, Irving Diaz-Rodriguez, Kevin Peterson Jr. and Jenoah Donald. Prosecutors previously found all four shootings to be legally justified.
The Auditor’s Office is required to probe all investigations into law enforcement’s use of deadly force. It reviews investigation files and police training records, and it interviews the investigators to assess the response team’s compliance with state law. The agency says the reports provide accountability and transparency, which can be valuable to the Legislature, law enforcement agencies and the public.
Common findings across the audits, in which independent investigation teams did not follow state law included:
- Requiring investigators and community representatives to file conflict of interest forms.
- Releasing weekly updates to the public about the status of investigations.
- Providing documentation that families of those shot were kept updated during the investigation.
Three Vancouver police officers fatally shot Abbe, 50, who was homeless, while responding to an April 28, 2020, assault at Northeast Fourth Plain Boulevard and Stapleton Road.
Audit staff found investigators in that shooting response did not select community representatives to participate, post weekly updates for the public, provide documentation they notified Abbe’s family of updates in the investigation and require investigators to complete conflict of interest forms.
On Nov. 26, 2020, Vancouver police officers wounded Diaz-Rodriguez, then 23, while attempting to arrest him during a domestic disturbance at a residence in east Vancouver. He reportedly swung a bat at officers as they tried to enter the home through the garage.
Audit staff said the shooting response team failed to document whether it provided investigation updates to Diaz-Rodriguez’s family. It also did not require investigators to file conflict of interest forms within 72 hours of the start of the investigation.
Clark County sheriff’s deputies fatally shot Peterson Jr., a 21-year-old Black man, as he ran, armed with a handgun, from a drug sting Oct. 29, 2020, in Hazel Dell.
In that audit, it was found someone who was not a part of the independent investigation team accessed electronic case files during the investigation. It also found the Lower Columbia Major Crimes Team did not post weekly updates for the public nor did it have on file a signed conflict of interest form for one of the community representatives.
On Feb. 4, 2021, a Clark County sheriff’s deputy fatally shot Donald, a 30-year-old Black motorist, during a traffic stop, also in Hazel Dell. In that shooting investigation, the audit found no documentation supervisors had instructed officers not to talk to each other until after they’d been interviewed by the response team.
In each audit, staff listed recommendations for the independent investigation teams. Those include:
- Ensuring family members are notified of developments and providing access to press releases before releasing updates to the public.
- Requiring all investigators and community representatives to complete conflict of interest forms.
- Publishing weekly updates to the public.
- Selecting community members to participate in the investigation.
- Restricting access to the case files.
- Documenting supervisors telling officers not to speak to each other until after they’ve been interviewed.
