No charges for SPD officer who struck and killed Jaahnavi Kandula

The Seattle police officer who struck and killed a 23-year-old pedestrian in a crosswalk while speeding en route to a 911 call last year won't face criminal prosecution.

King County prosecutors determined the officer "used appropriate emergency warning equipment (i.e. lights and sirens) when driving his patrol vehicle in response to the scene of the emergency."

Officer Kevin Dave reached a peak speed of 74 mph while travelling through South Lake Union in his Ford Explorer SUV. Investigators say he braked one second before hitting Northeastern University graduate student Jaahnavi Kandula while traveling at least 63 mph on Dexter Avenue North on Jan. 23, 2023. Kandula died of her injuries after being taken to Harborview Medical Center.

The King County Prosecuting Attorney's Office hired the collision reconstruction and analysis firm ACES to independently review Dave's body-warn and in-car video capturing the moments surrounding the fatal crash.

"Although some may argue that use of a continuous siren may have better alerted Ms. Kandula to the presence of an oncoming police patrol vehicle, there is no legal authority or law enforcement guidance requiring the use of a continuous siren when responding to an emergency at high speed," county prosecutors wrote in a memo addressed to the head of SPD's Traffic Collision Investigation Squad.

"Also, other pedestrians said that they heard the patrol vehicle’s emergency siren," the memo continues. "Furthermore, defense would very likely argue that Ms. Kandula was wearing or using wireless earbuds, which may have obscured her hearing and may have caused her to be distracted when crossing Dexter Avenue North."

Prosecutors concluded, “While the speed at which Dave drove his patrol vehicle was extremely fast, there is insufficient evidence, under these circumstances, to prove beyond a reasonable doubt that he showed conscious disregard for others safety."

Senior deputy prosecuting attorney Amy Freedheim said Wednesday, “In the case of a police officer on a legitimate call using lights and sirens, they’re authorized to exceed the speed limit.”

She said the collision that killed Kandula did not meet any of the three criteria for felony charges: impairment, reckless driving, or driving with disregard for the safety of others.

“Disregard for the safety of others is more than negligence,” which is a misdemeanor charge that would be filed in municipal or district court, Freedheim said. “If somebody is negligent and causes the most catastrophic of consequences it is not a felony in our state, and the courts have been clear about that.”

In addition to Dave’s use of lights and “chirped” sirens, prosecutors noted that he gave Kandula CPR and appeared despondent at the scene. Prosecutors said some may argue that Dave showed negligence by driving so fast, but negligent driving does not meet the legal threshold for felony criminal charges.

Kandula's death sparked international outrage after body cam footage capturing another officer, Det. Daniel Auderer, laughing about the fatality was made public.

RELATED: Outrage mounts over Seattle police bodycam that shows cop laughing about fatality

"She is dead," Auderer is heard saying in a phone call with Officer Mike Solan, president of SPOG, Seattle's police union. Auderer, the union's vice president, then states through laughter, "Yeah, just write a check ... $11,000. She was 26 anyway. She had limited value."

Concerns about a potential conflict of interest also emerged regarding Auderer, the vice president of the Seattle Police Officers Guild, being the one to evaluate Dave for signs of impairment following the collision.

In response to an Office of Police Accountability investigation into Auderer's comments, Seattle police commanders recommended he receive 30 days without pay or possible termination, the strongest possible disciplinary action the department could take.

Chief Adrian Diaz has not yet announced his final determination in Auderer's case.

In their memo, prosecutors said the two cases are separate, and called Auderer’s comments “egregious, unprofessional, and deeply troubling.”

RELATED: Seattle police commanders condemn 'destructive unprofessionalism' of officer caught laughing about pedestrian death

The decision from the King County Prosecuting Attorney's Office means Dave will not face felony charges in Kandula's death, but a spokesperson said SPD has the option to refer a misdemeanor charge for negligent driving to the Seattle City Attorney's Office. In addition, the Office of Police Accountability will resume its investigation to determine whether Dave's actions violated any SPD policies. A spokesperson for the office said May is the earliest possible window for its findings in the case.

In response to the announcement by the King County Prosecuting Attorney's Office, an SPD spokesperson said via email, "As the criminal investigation has closed, an Office of Police Accountability investigation can now continue. We are prohibited on commenting on the OPA case while it is ongoing."