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King County Superior Court judge’s ruling halts police deadly-force inquest process

By Elise Takahama, The Seattle Times
Published: August 22, 2020, 5:34pm

SEATTLE — A King County Superior Court judge on Friday sided with four South King County cities in their lawsuit against County Executive Dow Constantine, which alleges he overstepped his authority when he changed the county’s deadly-force inquest process that investigates officer-involved deaths.

“It’s a significant ruling because the county executive overstepped his authority in attempting to change the inquest process and rules. … One county in Washington state deciding to play by their own rules — that just isn’t legal,” said Bailey Stober, a spokesperson for Kent Mayor Dana Ralph, one of four South King County city mayors involved in the lawsuit.

In January, the cities of Kent, Auburn, Renton and Federal Way, along with the King County Sheriff’s Office, joined the city of Seattle in its lawsuit against Constantine to ask a court to determine whether or not he had overreached when he created new rules for the county coroner’s inquest process.

“We are reviewing the order and will prepare next steps,” Alex Fryer, a spokesperson for Constantine’s office, said in a statement after the ruling. “It is clear that community members, families, and law enforcement agencies need answers about officer-involved deaths, and all possible information that could prevent such tragedies in the future.”

The judge who ruled on the lawsuit has also asked the Washington State Supreme Court to review the case, according to a Friday statement on behalf of the four cities.

Constantine reinstated the process in May 2019 after a nearly two-year overhaul in hopes of providing a “more fair and transparent” system for reviewing officer-involved deaths.

But the cities argue that the new rules are unfair to officers, because, among other things, they include restrictions that bar officers from testifying about their state of mind when they use deadly force, Stober said.

The ruling comes during a time when communities are fiercely pushing for more police accountability and transparency. In the Seattle area, demonstrators have continued to protest the death of George Floyd, who was killed by a Minneapolis police officer this year, nearly every day since late May.

And on Thursday, King County Prosecutor Dan Satterberg charged Auburn police Officer Jeffrey Nelson with second-degree murder and first-degree assault in a May 2019 fatal shooting, marking only the third time a police officer in Washington has been charged with killing someone in the line of duty.

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