Democrats want independent prosecutor to handle cases where police use deadly force

Rep. Monica Stonier, seen here at the state Capitol in 2017, is the prime sponsor of the bill to create an Office of Independent Prosecutions. (Legislative Support Services)

A person is dead after a violent interaction with a police officer. A state investigation is conducted into the officer’s use of deadly force.

And the results are sent to the local county prosecutor to decide if the officer acted lawfully or should be charged with a crime.

Democratic lawmakers and police accountability activists say another voice is needed to assuage concerns of family members and the public about the fairness of this process.

Legislators are trying, again, to pass a bill to create an Office of Independent Prosecutions as a division of the Office of the Attorney General. This independent state prosecutor would review use of deadly force investigations, file criminal charges if warranted and, potentially, prosecute.

House Bill 1579 does not usurp authority of local prosecutors, backers said. Rather, the independent and local prosecutors would work separately but simultaneously and if each conclude charges are warranted, a judge could be asked to decide who gets the case.

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