Police-Involved Deaths Could See Independent Investigations

ROCKVILLE, MD — Police and residents agree that when a officer is involved in a death, transparency is needed to determine what happened. But how answers can be sought, how police can be scrutinized, and how minority residents can regain confidence in law enforcement after an unarmed black man's death are all questions that remain unresolved.

On June 11, 2018, Robert Lawrence White, 41, of Silver Spring was fatally shot by Officer Anand Badgujar, who had been with the county's police department for about two years. He was placed on administrative leave while the department investigated and the findings were reviewed by Howard County prosecutors, who declined to file charges.

Police spokesman C. Thomas Jordan told Bethesda Beat that Badgujar has returned to the department.

At a press conference preceding a hearing Tuesday evening on a bill that would mandate outside investigations in such cases, Marvin Whitfield — a bill supporter and childhood friend of White — said "the world lost a gentle giant" after he was "slain in broad daylight."

"I'm not here to bash anybody in uniform. And for all those who have worn the badge proudly to protect and serve: I salute you. The world is a safer place for you and me when you do your job," Whitfield said. "Nevertheless, it's my belief that real change can start at the community level. There needs to be change in police investigations — specifically police investigations involving murder and homicide. (They) need to be led by an independent council and the findings need to be accessible to the public."

Introduced by Councilmember Will Jawando in January, the bill would require an independent and transparent investigation into a police officer-involved death. The Law Enforcement Trust and Transparency (LETT) Act comes seven months after an unarmed White's confrontation with Badgujar turned deadly.

An established agreement between the Montgomery County State's Attorney's Office and the Howard County State's Attorney's Office says that when an officer-involved death occurs in one county, the other county's State's Attorney's Office will review the event.

Jawando, who was surrounded by at least a dozen residents and bill supporters at the press conference, said the bill serves everyone, not just law enforcement officials or victims' families.

"Directing an independent review of police actions, when an officer is involved in the death of a resident, will protect both the integrity of the inquiry and the civil rights of our residents, especially those of color," Jawando said. "An independent criminal investigation guards against bias, and the perception of bias. This bill serves all involved — our officers, the prosecutors and our residents."

Currently, when a Montgomery County police officer is involved in the death of an individual, the department will conduct the initial criminal investigation. Under the LETT Act, the investigation must be conducted by at least two independent investigators. The investigators must also be employed by a federal, state, or another local law enforcement agency.

The independent agents will then submit a report to the state's attorney. If no criminal charges are filed against the officer, the state's attorney has to publish a report that details the findings of the investigation to the "extent permitted under the Maryland Public Information Act."

Montgomery County Police Chief J. Thomas Manger, who also attended Tuesday's public hearing, said he is "all for" transparency, accountability, and a full report on the rationale behind an officer's decision. However, he expressed his concerns that the bill's language requires the county executive to follow a procedure he cannot control.

"We're committed to transparency and accountability," Manger said. "However, we're also committed to the best practices that ensure the highest quality an investigation is done. The legislation that's drafted may present some operational barriers to that end.

"The legislation requires the county executive to ensure an independent investigation by an outside law enforcement agency. Simply put, the county executive does not have that authority to do that. He's being mandated to do something that he does not have the authority to do. This can be fixed by amending the bill to state that the county executive may seek an outside investigation. This would give the county executive the authority to work with another agency on a case-by-case basis as needed, not requiring him to do something he cannot, in fact, control," Manger added.

Supporters of the bill include the NAACP of Montgomery County, the ACLU of Montgomery County, and Mothers of Black Boys United for Social Change.

"The Montgomery County Branch of the NAACP joins in this critical effort and believes that Council Bill 1-19, the Law Enforcement Transparency and Trust Act, will‎ promote the kind of independence necessary to bring about accountability in community-police relations," Linda Plummer, president of the NAACP of Montgomery County, said in a statement.

While proponents believe this legislation is a step in the right direction, many said the investigation should be conducted by people without ties to the law enforcement community.

"How ridiculous is it to leave investigations up to the very ones who commit acts of violence against my people? That's like me committing a crime and then allowing my family to do the investigation," said Jade Wiles, a Montgomery County resident.

At Tuesday's public hearing, some suggested that civilians be elected to investigate police-involved incidents. They said these civilians would be better suited to conduct an unbiased investigation.

A bill by .@willjawando would require an independent and transparent investigation into a police officer-involved death.
Montgomery County residents protest in Rockville for police transparency before a public hearing on the bill Tuesday night. pic.twitter.com/0mfhndXylR
— Alessia Grunberger (@adgrunberger) March 6, 2019

The bill will go before the Public Safety Committee at a work session that's tentatively scheduled for March 25.