Cleared of felony, Seattle cop who killed Indian student Kandula could end up in municipal court

The Seattle City Attorney said Thursday that it is reviewing the case of the police officer whose vehicle struck and killed a pedestrian last year.

Officer Kevin Dave could face a penalty for negligent driving in the crash that killed 23-year-old graduate student Jaahnavi Kandula in January 2023.

The infraction would not create a criminal record; it would be recorded on his driving record.

The announcement comes after the King County Prosecutor’s Office declined to file any felony charges in the case this week.

Prosecutors said Officer Dave was responding appropriately to a 9-1-1 call, but that the crash was caused by Dave’s high rate of speed, which reached up to 74 miles per hour as he drove his Ford Explorer SUV through a 25-mile-per-hour zone in Seattle’s South Lake Union neighborhood.

In announcing their findings, 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 in Washington, which must meet a different standard of driving with disregard for the safety of others.

Senior Deputy Prosecutor Amy 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.”

But they said Seattle police still could forward the negligence case to the city attorney.

Seattle Police did just that, referring the case to municipal court for the lesser charge of negligent driving in the second degree “with a vulnerable user victim," because the collision involved a pedestrian. It’s a traffic infraction that carries a civil penalty, with a fine up to $5,000.

“The City Attorney’s Office Criminal Division will thoroughly review the referral prior to making a decision,” the statement said.

Critics say Dave's speed that night should lead to more severe consequences. They call Seattle Police policies on emergency response overly vague and say the department needs to better address which speeds are appropriate.

Seattle’s Community Police Commission asked, “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?”

The commission said it is finalizing its own recommended changes to Seattle Police policies.

Meanwhile, the Seattle Alliance Against Racist & Political Repression has denounced what it called Officer Dave’s “shockingly reckless behavior” and said he should face criminal charges.

The group is holding a rally Friday afternoon outside the police department's West Precinct, and said it will hold “a virtual teach-in regarding community control of the police in the near future.”