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King County Prosecutors have declined to press felony fees towards Seattle Officer Kevin Dave for the demise of Jaahnavi Kandula in January 2023. Officer Kevin Dave hit Kandula together with his Ford sport utility car whereas driving 74 mph moments in the mean time of impression. Kandula was utilizing a cross-walk. Officer Dave was responding to a name a few third-party overdosing on cocaine. The pace restrict was 25mph.
The case had drawn vital media lawyer as a result of Officer Daniel Auderer, a police union consultant left his physique digital camera on whereas talking with one other officer. Auderer might be heard on the physique cam laughing and saying “Eleven thousand {dollars}. She was 26 anyway. She had restricted worth.”
The prosecutors’ choice to not press fees towards Officer Dave is no surprise. Certified immunity was created in order that authorities officers might make sure choices inside their job with out being held liable. Officer Dave was driving properly over the pace restrict, however he was doing so to doubtlessly save an individual’s life. Officer Auderer’s statements are callous, merciless, and unacceptable, however prosecutors can’t punish Dave for what one other man mentioned concerning the tragic incident. Nevertheless, Auderer’s statements might come again to hang-out the Metropolis and police division if Kandular’s household recordsdata a civil lawsuit.
A Civil Lawsuit Is Nonetheless Doable
The shortage of felony fees doesn’t forestall a civil lawsuit from being filed towards the Seattle Police Division. Civil lawsuits are sometimes simpler for a sufferer to win than for prosecutors to win a felony case as a result of the burden of proof in a civil lawsuit is usually “clear and convincing proof.” Clear and convincing proof is a decrease burden of proof than having to show a case “past an affordable doubt” in a felony trial.
The overwhelming majority of defendants is not going to serve any jail or jail time from a civil lawsuit, the cash acquired from a civil lawsuit settlement or judgment goes to the sufferer’s household and the attorneys who fought for the victims. This cash might instantly compensate the sufferer’s household by paying for funeral prices or remedy.
Law enforcement officials and different authorities officers have some immunity no matter whether or not the case is civil or felony. Nevertheless, there could also be relevant exceptions or exemptions to authorities immunity in a civil case that will not exist in a felony case. As an illustration, a authorities official who acts with gross negligence might not have legal responsibility in a civil lawsuit in lots of jurisdictions. Equally, an official who acts maliciously or fraudulently might not all the time be protected.
Do I Want the Assist of a Private Damage Lawyer?
When you’ve got sustained a private harm by way of the illegal act of one other, then it’s best to contact a private harm lawyer. A talented private harm lawyer close to you’ll be able to evaluation the information of your case, go over your rights and choices, and characterize you at hearings and in court docket
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