No charges against Seattle cop who ran over Jaahnavi Kandula 

• “Devastated and outraged” by the prosecutor’s decision, Kandula’s family vows to pursue civil action against the cop and Seattle Police
• Kevin Dave fatally struck Kandula, a 23-year-old Indian graduate student, in a South Lake Union crosswalk last year.

A Seattle police officer whose cruiser struck and killed Jaahnavi Kandula, an Indian student, in a South Lake Union crosswalk will not face any charges.

King County prosecutors will not file criminal charges against Kevin Dave, who fatally struck Kandula, a 23-year-old graduate student at the Seattle campus of Northeastern University, while responding to an overdose call in January 2023.

RELATED: Northeastern University mourns loss of Indian American student Jaahnavi Kandula (February 1, 2023)

Announcing the result Wednesday of an independent investigation into the crash that killed Kandula, prosecutor Leesa Manion said her office will not charge Dave, Seattle Times reported.

“After staffing this case with senior deputy prosecuting attorneys and office leadership, I have determined that we lack sufficient evidence under Washington state law to prove a criminal case beyond a reasonable doubt,” Manion said in a statement.

The decision comes nearly 13 months after Kandula’s death, which sparked international condemnation after the publication last summer of inadvertently recorded remarks by a Seattle police union official, Officer Daniel Auderer, who laughed and downplayed Kandula’s death, suggesting that her young life had “limited value” and that the city should “just write a check.”

The government of India demanded an investigation through its consulate in San Francisco.

Manion said she spoke with a Kandula family representative Wednesday and was making additional arrangements to speak with her mother in India.

RELATED:  Indian student Jaahnavi Kandula killed by Seattle police vehicle (January 26, 2023)

Meanwhile, Kandula’s family and their attorney issued a statement that they were “devastated and outraged” by the prosecutor’s decision, and that they felt “betrayed” by the justice system, the Times of India reported.

Dave’s actions were “clearly reckless and negligent,” and he should be held accountable for killing Kandula, they stated. They will continue to pursue civil action against Dave and the Seattle Police Department, and that they will seek legislative changes to ensure that no other family has to endure what they have gone through.

The family also demanded the immediate termination of Auderer, who they said “mocked and dehumanized” Kandula in a “vile and disgusting” manner.

They said they appreciate the support and solidarity they have received from the community, and that they hope that Kandula’s legacy will inspire others to pursue their dreams and make the world a better place

In Seattle Manion and senior prosecutors who reviewed the case told reporters Wednesday there was no evidence that Dave was impaired or driving recklessly, the two primary justifications for criminal charges in a fatal crash involving a pedestrian. Nor could they show Dave was driving with “disregard for the safety of others,” despite operating his cruiser at nearly three times the legal speed limit.

READ: Tragic deaths of Indian-origin students in the US raise alarms over safety (February 15, 2024)

Senior Deputy Prosecutor Amy Freedheim, who runs the Felony Traffic Unit at the King County Prosecuting Attorney’s Office, explained that state law provides for police officers to exceed the limit when responding to legitimate emergencies, according to the Times. Dave, who is also a trained medic, was responding to a 911 call of a drug overdose in Queen Anne

Freedheim said a detailed review of body- and dash-camera evidence, as well as the conclusions of investigations by the Seattle Police Department traffic unit and a private crash reconstruction firm, also indicate Kandula appeared distracted and apparently stepped into the street without noticing the oncoming police cruiser until it was too late.

“And then, she made a panicked decision” to try to beat the car across the intersection, Freedheim was quoted as saying.

Freedheim noted that while she’s “not saying it is her fault,” prosecutors “can’t ignore the fact that she made a decision to run.”

Another Indian student from Purdue University found dead (February 7, 2024)

“We are heartbroken this woman was killed,” Freedheim said. “But we have to look at this without passion and without prejudice.”

SPD completed its investigation in September. However, Manion hired an outside reconstruction firm to review the findings. She said that the firm confirmed for her that SPD’s investigation was thorough and complete.

Manion said that she expects her conclusion will be criticized and that Auderer’s “deplorable” comments, while a distraction, didn’t influence her charging decision.

The civilian-run Community Police Commission, echoing that many in the community will be “disheartened” by Manion’s decision, called for “much-needed changes to [SPD’s] vague emergency vehicle operation policy.

Indian student killed by homeless man in Georgia (January 29, 2024)

“At what speed would Officer Dave have had to drive for his emergency response to be considered reckless or disregarding the safety of pedestrians in the area?” it asked.

Freedheim urged people to contrast Dave’s behavior at the scene — where body-camera footage showed him saying he had messed up and was “not all right” — with Auderer’s laughter and flippant comments a few hours later.

“He is appropriately upset,” she said of Dave.

Meanwhile, police Chief Adrian Diaz is considering Auderer’s fate after the OPA last month found his comments “derogatory, contemptuous … inhumane” and biased. Diaz’s decision is expected in early March.

Auderer made his remarks in a phone conversation with Seattle Police Officers Guild President Mike Solan just hours after he volunteered to respond to the crash from home to conduct tests to determine whether Dave was impaired.

Solan and Auderer say the comments have been taken out of context, claiming they were actually commiserating over the death and mocking a legal system they said would try to put a dollar value on Kandula’s life, according to the Times.