Prosecutors explain how they decide to charge an officer

When an officer is involved in the death of another person, what happens next falls on the shoulders of prosecutors.

ENGAGEMENT EFFORTS.NEW AT TEN....WHEN AN OFFICER ISINVOLVED IN THE DEATHOF ANOTHER PERSON,WHAT HAPPENS NEXTFALLS ON THE SHOULDERSOF PROSECUTORS.I-TEAM REPORTER CATREID IS LIFTING THE VEILON THE PROCESS OFCHARGING A POLICEOFFICER -- WITH INSIGHTFROM PROSECUTORS ONBOTH SIDES OF THE STATELINE.LADY JUSTICE IS ALWAYSDEPICTED THIS WAYSteve Howe/Johnson CountyDistrictAttorney-She has a blindfold onbecause everyone should betreated the sameTHAT INCLUDES THOSETASKED WITH PROTECTINGUSCat Reid-When an officer's actions leadto the death of anotherperson, it's typically up to ourprosecutors to decide ifcriminal charges shouldfollow.In both Jackson CountyMissouri and Johnson CountyKansas, their involvementstarts at the crime sceneHowe-Since I've taken office, mychief deputy has been the onewho gets called out to thescene.

I usually have the chiefinvestigator from my officealso go out on the teamJean Peters Baker/Jackson CountyProsecutor-"We view those scenes asspecial and different and thatthey need to be managed asspecial and different."WHEN THERE'S ANEXCESSIVE FORCE CASE INJOHNSON COUNTY- ANOFFICER-INVOLVEDSHOOTING INVESTIGATIVETEAM LEADS THE PROBE.THOSE INVESTIGATORSCOME FROM OUTSIDEAGENCIESHowe-Quite honestly it gives thepublic a sense of securityknowing it's not their buddiesinvestigating themIN JACKSON COUNTY,PRACTICES VARYA RECENT EXAMPLE- THEMISSOURI HIGHWAYPATROL WAS CALLED IN TOINVESTIGATEAFTER AN OFF-DUTYRAYTOWN POLICE OFFICERSHOT AND KILLED ANARMED MAN AT A WALMARTMEANWHILE- KCPD HADBEEN INVESTIGATING ITSOWN INCIDENTSBUT MAYOR QUINTONLUCAS ANNOUNCEDTHURSDAY ALL OFFICERINVOLVED SHOOTINGS ANDCERTAIN USE OF FORCEINCIDENTS WILL BEREVIEWED BY OUTSIDEAGENCIESPeters BakerIn officer involved cases, theydo take a little more timebecause officers have acertain provision through theirunion contracts that we mustabide by.

Officers getadditional time before theymake a statement.CHARGES DEPEND ONINTENTHowe-So we have reckless conduct,meaning that the person wasreckless in committing thecrime of murder.

And then youhave intentional conduct, so ifthe person intends to kill theother person.

And then youhave premeditated, which is Iplanned on killing theindividualHOWE SAYS DECIDING ONCHARGES TAKES TIME-BECAUSE KANSAS HAS TENDIFFERENT STATUTESDEALING WITH USE OFFORCE AND SELF DEFENSEHowe-There are several supremecourt decisions that say that ifyou don't look at the person'sright to defend themselvesbefore arrest, it will result inthe dismissal of the caseflatout.IN A RECENT HIGH PROFILECASE- HOWE DECLINED TOBRING CHARGES AGAINSTTHE OFFICERRESPONSIBLE FOR KILLINGAN OVERLAND PARK TEENIN JANUARY 2018HIS OFFICE DECIDED THEOFFICER WAS JUSTIFIED INOPENING FIRE BECAUSEHE FEARED FOR HIS LIFECat Reid-Prosecutors can make thedecision to bring chargesagainst an officer.

Or- theycan take their evidence to agrand jury and allow them toDECIDE WHETHER OR NOTTO RETURN an indictment.THIS process can take longerHowe-The other thing is a grand juryis secret.

By statute youcannot discuss what goes onin a grand juryPeters Baker-"Prosecutors should not hidebehind a grand jury.

And theyalso should only use it when itis the only path they haveforward."LIKE WHEN THEINVESTIGATING AGENCYDOESN'T SUBMIT APROBABLE CAUSEAFFIDAVIT TO THEPROSECUTORIT'S WHY A GRAND JURYWAS USED TO BRINGCHARGES AGAINST TWOKCPD OFFICERS INVOLVEDIN THE MAY 2019 ARRESTOF BRIANNA HILL.REGARDLESS OF HOWCHARGES ARE BROUGHTIT'S A UNIQUE POSITIONFOR PROSECUTORS-GOING TO COURT AGAINSTOFFICERS WHO NORMALLYSOLVE CRIMES- NOTCOMMIT THEMHowe-It's not something we like todo, but one of the things that aprosecutor you learn you haveto do is you have to take theemotion out of it.

Ourdecisions should beobjectively made based on thefacts and the lawBECAUSE JUSTICE ISSUPPOSED TO BE BLINDI'M I-TEAM REPORTER CATREID 41 ACTION NEWSK-C-P-D CHIEF RICK SMITHSAYS HIS DEPARTMENTFOUND NO PROBABLECAUSE THAT THEOFFICERS INVOLVED INHILL'S ARREST BROKE THELAW.THAT'S WHY THERE WASNO PROBABLE CAUSEAFFIDAVIT SENT TO THEPROSECUTOR'S OFFICE.41 ACTION NEWSREACHED OUT TOWYANDOTTE COUNTYPROSEC