A new report regarding investigations into three police shootings in Clark County provides a meaningful example of governmental transparency; carves out a path for improving investigations; and highlights the important work of the Office of the Washington State Auditor.
The reports do not examine the legality of the police shootings in 2020 and 2021. Following investigations into those shootings, prosecutors deemed the use of deadly force to be legally justifiable.
Instead, the auditor’s office investigates the investigators, determining whether state law was followed. Three of the auditor’s reports were released last week, following the release of two in December. They find that investigators generally followed state law but that several administrative errors were committed.
Among the shortcomings were failures to: Follow requirements that members of investigative teams file conflict-of-interest forms; release weekly public updates about the status of the investigations; and provide documentation that families of those shot were kept updated throughout the investigation.
In recent years, Washington has made sincere but measured moves in improving accountability for law enforcement officers. Nowhere is this more important than the standards for the use of deadly force. Not long ago, Washington had what were regarded as the nation’s most lax laws regarding police shootings.
In response to that, Initiative 940 was approved statewide in 2018 with 60 percent of the vote (54 percent in Clark County approved the measure), providing more stringent standards for the use of deadly force. Since then, prosecutors in Washington have brought murder charges against officers in at least two cases — both of which are pending.
Whether or not investigations determine that a police shooting is justified and whether or not prosecutors determine that charges are warranted, it is essential that those decisions be examined. Public confidence depends on a thorough and transparent process, and improvements to accountability can be implemented only if the weaknesses in the system are exposed.
That is where the auditor’s office comes in. The audits are a relatively recent requirement borne out of police reform efforts, and they can provide a template for future action by the Legislature or voters.
In addition to conducting financial audits of government entities throughout the state, the auditor’s office also conducts performance audits. As described in its mission statement, the office “provides citizens with independent and transparent examinations of how state and local governments use public funds, and develops strategies to make government more efficient and effective.”
Most notable in the findings regarding the Clark County police shootings, the audit reports that an unauthorized officer “accessed a report” relating to the death of Kevin Peterson Jr., who was shot during a regional drug task force sting. The audit also found that the Lower Columbia Major Crimes Team did not provide weekly public updates on the investigation.
Pointing out those errors are essential for improving what can be a complex balancing act. Protecting the rights of the public, informing that public and allowing officers to effectively do their jobs are all essential to community safety and to the public’s faith in our system of law enforcement and jurisprudence.
Local officials should use the auditor’s reports to help ensure that local policing works for the benefit of all.
