Our Voice: Prosecutors’ plan for deadly force law is best choice

Of all the proposals aiming to change the criteria that protects police officers if they kill someone in the line of duty, one has emerged as superior.

The Washington Association of Prosecuting Attorneys has crafted language that embraces the middle ground. With law enforcement officials and community activists divided over the issue, state prosecutors have tried to find a compromise.

State lawmakers would be smart to do the same, and adopt the prosecutors’ recommendations.

Currently, police officers cannot be convicted of a crime if they acted with a “good faith” belief that the action was justified, and if they acted without “malice.”

Civil rights groups want that language omitted because it sets the bar too high, they say, making it impossible to prove.

Law enforcement groups want the law to stay as is, which is understandable.

Police officers put their lives at risk every day protecting the rest of us, and the standards shielding them from prosecution should reflect that.

State prosecutors suggest an adjustment between the two extremes. They recommend dropping the “malice” clause, but leaving “good faith” in.

Their proposal also defines what “good faith” means, and sets parameters that rely on what a “reasonable” officer would have done in the same circumstances.

Benton County Prosecutor Andy Miller said that no other state uses the word “malice” as a gauge in deadly force laws, and dropping it would put Washington in line with the rest of the country.

However, “good faith” is generally perceived as a component in “stand your ground” cases that involve average citizens. Miller said it does not make sense to strip away a protection from police that covers ordinary people.

We agree.

In our own community, the controversial shooting death of Antonio Zambrano-Montes in 2015 by three Pasco police officers has been used as an example to change the law.

Zambrano-Montes was throwing rocks at a busy Pasco intersection and was killed by police when he failed to stop. The Franklin County prosecutor and state attorney general agreed that they could not charge the officers because they could not prove they acted with “malice.”

Prior to this legislative session, the Use of Deadly Force in Community Policing task force was charged with drafting a proposal on the issue for lawmakers to consider.

The group was made up of representatives from police, community groups, lawmakers and legal organizations. Unfortunately, it could not reach a consensus.

In the end, the group voted to omit both the “malice” and “good faith” clauses in the law. However, of the 26 members, only 14 reportedly agreed to that change. Those representing law enforcement opposed it.

In response to that division, prosecutors brought their proposal to the table. We think it is a good thing they did.

It is already gathering bipartisan support, and Gov. Jay Inslee is reportedly in favor of it.

Snohomish County Prosecutor Mark Roe, who was on the original task force, told The News Tribune that using the “reasonable officer” standard linked with the “good faith” language makes a significant change, but still offers protection for honest mistakes by law enforcement.

Roe also said that eliminating the “malice” clause gives civil rights groups a win they were looking for.

A bill based on the recommendation by the legislative task force is circulating through the Legislature — and it omits both “malice” and “good faith” clauses.

Another bill, proposed by Rep. Beth Doglio, D-Olympia, also takes out “malice” and “good faith” language, as well as requiring law enforcement officers to prove they had a reasonable belief of an imminent threat.

Both of these bills go too far, and fail to offer police the protection they deserve.

Miller noted that people who find themselves in a dangerous situation have the option of calling for help. Police don’t have that option. They are the help.

We think lawmakers should focus on incorporating the suggestions made by state prosecutors, and they should do it this session.

This story was originally published January 22, 2017 at 4:09 AM with the headline "Our Voice: Prosecutors’ plan for deadly force law is best choice."