Seattle City Council member Nick Licata has committed to drafting legislation that would make it easier to prosecute cops for killing civilians. Licata says that he wants to remove the stipulation that "malice"—otherwise known as "evil intent"—from the state's current deadly use-of-force laws because, as some people have noted, it's a nearly impossible bar to prove.
"You basically have to prove that a police officer was intentionally out to kill someone," says Licata. "I think the general public recognizes that this poor wording needs to change—there should be a more active description."
But passing the legislation won't be a cakewalk. Licata knows that he needs King County Prosecutor Dan Satterberg on board—or at least neutral towards the measure to get it passed in Olympia. Then there's the issue of pacifying local police unions, which that aren't traditionally friendly towards measures that cause them greater on-the-job liability (and represent a large, well-organized voting constituency throughout the state). And while many Seattle residents have clamored for the law to be changed after Satterberg declined to press murder or manslaughter charges against disgraced former cop Ian Birk for killing John T. Williams last summer, Licata acknowledges that cities themselves might balk at a more liberal law.
"Washington cities don’t want something that exposes them to greater liability," Licata explains. "If we broaden the law or to include negligence, does that mean they’ll have more lawsuits against the city? That's a hurdle that could kill potential legislation."
Nevertheless, it's encouraging news that at least one city official is actively stepping forward to tackle the law. And Licata has the better part of a year to figure it out.
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