Lawmaker Asks Hogan To Investigate All MD Police-Involved Deaths

ROCKVILLE, MD — A Montgomery County lawmaker is calling on Gov. Larry Hogan to create a unit that conducts independent criminal investigations of police-involved deaths in Maryland.

Councilmember Will Jawando, an at-large Democrat, sent a letter to the Republican governor on Monday, insisting that the creation of an investigatory body is crucial to "rebuilding trust between the police and the community." His call comes days after the county police transparency bill that he spearheaded was signed into law.

Patch has requested comment from Gov. Hogan's office and will update the story.

"I write to urge you to consider taking executive action, in your capacity as governor, to create either a state investigatory body or a dedicated unit within the Maryland State Police or Attorney General's office, for the purpose of conducting independent criminal investigations of police-involved deaths in the state of Maryland," Jawando wrote. "An inquiry into the circumstances of the police-involved deaths, independent of the police department involved, and a full, public vetting of the results of that investigation are crucial to rebuilding trust between the police and the community."

Currently, there is no statewide reporting requirement in officer-involved death investigations.

However, thanks to a police transparency bill Jawando introduced in January, Montgomery County is now required to have an independent investigation into a police officer-involved death.

The Law Enforcement Trust and Transparency Act — which was signed into law last week — comes nearly a year after 41-year-old Robert Lawrence White was fatally shot by a Montgomery County Police officer in the parking lot of a Silver Spring townhouse community. White's death sent shockwaves through the region and served as a catalyst for the creation, and eventual passage, of the LETT Act.

In his letter to Hogan, Jawando referred to the shooting death of White, who was a Silver Spring resident. On June 11, 2018, White was 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.

"When a resident loses their life at the hands of the police, the families of the deceased, the public at large and the individual police officers deserve independent investigations, transparency and accountability," Jawando said in his letter to Hogan.

An 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.

Last month, Montgomery County Police published a five-page memo summarizing the results of the police-involved shooting investigation. The findings, which echo what the Howard County prosecutor's office reported, concluded that the fatal shooting of White was "lawful and justified."

"The investigation into Mr. White's death and police handling of the case may have uncovered facts exonerating the actions of the police officer involved. However, because there was no report, the public has no reason to know and little reason to believe any exonerating details," Jawando wrote.

Under the LETT Act, when an officer is involved in the death of an individual, the investigation must be conducted by at least two independent investigators 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 LETT Act requires that the report be released to the public.

"Two bills were introduced in the state House and Senate this session mirroring my local legislation, and I was proud to testify in favor of creating a statewide entity to handle officer involved deaths earlier this year," Jawando wrote. "I know there will be willing partners should you wish to pursue this good government legislation."

Jawando believes the LETT Act is an important step in the fight for independent police officer-involved death investigations. He, however, says Maryland should enact a statewide reporting process.

"Each county in Maryland is responsible for determining how they handle an officer-involved death. State residents would be better served with a uniform, statewide process, requiring the personnel investigating an officer's use of deadly force not be employed by the same department as the officer under review," Jawando wrote. "Doing this would put Maryland alongside states such as Illinois, Utah and Wisconsin, which have passed laws creating a statewide process and would follow the conclusions of President Obama's Taskforce on 21st Century Policing, examining the issue of public confidence in law enforcement.

"Currently, the state police already assist smaller Maryland jurisdictions which do not have the resources to complete their own investigations," Jawando added. "This demonstrates that the state either already has or could obtain the means to conduct independent investigations of police-involved deaths through a new state entity."

SEE ALSO:

• Police-Involved Deaths To Get Independent Investigations
• Officer's Fatal Shooting Of Robert White Was Justified: Police
• Police-Involved Deaths May Get More Scrutiny, Hearing On March 5
• Police-Involved Deaths Could See Independent Investigations