Police-Involved Deaths To Get Independent Investigations

SILVER SPRING, MD — An independent and transparent investigation is now required into any police officer-involved death in Montgomery County. Members of the County Council unanimously approved the Law Enforcement Trust and Transparency (LETT) Act on Tuesday.

The vote 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.

"I am pleased by the overwhelming support by all of my colleagues on the Council in recognizing the importance of this measure," Councilmember Will Jawando, the lead sponsor of the bill, said.

"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 continued. "An independent criminal investigation guards against bias, and the perception of bias. This bill serves all involved — our officers, the prosecutors and our residents, and we believe that this transparency will build trust."

When speaking about this bill, Jawando refers 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.

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."

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.

At a press conference preceding a hearing on the bill in March, 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."

Councilmember Craig Rice — who, like Jawando, is African-American — said the bill is not intended to slam the police force or recently retired police Chief Tom Manger, WTOP reported. Manger, who was the second-longest serving police chief in the 97-year history of the county's police department, has been praised for shaping the force for the better.

"I think that Tom Manger did a great job of making sure that we accelerated training of our officers," Rice said, according to WTOP. "The challenge is we are still not where we need to be."

The Montgomery County Police Department is in the process of hiring a new police chief. Assistant Chief Russell E. Hamill III — a former commander of the department's Bethesda district — has been named acting chief of police and is leading the force until officials find someone to permanently replace Manger.

Whoever is the new police chief, Jawando said it is "going to be critical" that he or she understands effective community policing, WTOP reported.

"If the officer is on his beat and doesn't know Robert White, who walks in the neighborhood every day"..."then we aren't doing community policing," Jawando said, according to the outlet.

SEE ALSO:

• 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