Independent Investigations

Short description: Complaints against police officers require independent investigations by civilians not by other police.

Importance: No one can remain unbiased when investigating a complaint about a coworker. Human nature is to protect the person that you work with daily.  The same is true for police officers. In their line of work they have each other’s back everyday. However, police are human and therefore make mistakes. A civilian, independent, objective, non-biased investigation is required for victims to obtain justice regarding police actions.

The Issue: Initiative I-940 was passed in 2018, assuring police killings would be independently investigated, victims’ families would have a direct communication with investigators, and frequent progress updates would be communicated to the public. The new law became effective January 16, 2020.   On March 3, 2020, Manuel Ellis was killed by Tacoma police and the medical examiner ruled the case a homicide, concluding that Ellis died from a lack of oxygen due to physical restraint. 

Pierce County Sheriff’s Department was tasked to conduct the independent investigation into whether Tacoma police were justified or criminally liable in their use of lethal force. One of the deputies on the investigation team had been involved in detaining Ellis and was interviewed by detectives the night of the death. Also, several Sheriff’s deputies had been involved in an incident with Ellis six months earlier in which they tased and arrested Ellis and the case was still being prosecuted by the county. These deputies’ involvement with Ellis means they cannot be independent and free of bias in their investigation of his death.

Gov. Inslee ordered that the state would conduct an independent review of the investigation and charging decisions related to Ellis’ death, as Pierce county sheriff’s office cannot be independent and non-bias of the Tacoma police department.

Investigations MUST be independent for complaints involving police officers in order to be just. Police officers investigating their own complaints prevent police from being held accountable for their actions. 

Civilian oversight of police is crucial for holding police accountable when police break the law or otherwise engage in wrongdoing. Civilian oversight is the only effective way to police the police.  Police cannot police themselves.

Example: Pierce County officers’ investigative team of the lethal shooting of Said Joquin by officer Mike Wiley was not independent since the investigative officers had served on a multiagency SWAT team with the Lakewood officer Mike Wiley. This raises serious concerns about whether these agencies can be counted on to independently investigate each other. This is not an independent investigation since the officers on the investigation team were coworkers with Wiley on the SWAT team. A civilian investigative team solves the issue of biased investigations.

Long description: Independent civilian investigation of police complaints is required for fair, non-biased, conclusions to be reached. A valid investigation cannot be conducted by police investigating themselves.

"WHO POLICES THE POLICE?: CIVILIAN POLICE OVERSIGHT IN CANADA"

“Have you ever wondered who polices the police? This question sounds paradoxical but the answer to it is crucial for upholding the rule of law. In Canada, the police are the main institution responsible for law enforcement. But police officers can break the law too. When a police officer breaks the law, it is important that the police’s special powers over law enforcement aren’t misused…”