Katrina Johnson, Charleena Lyles’ cousin, supports offering legal assistance to families involved in police shooting deaths. Photo by Sara Bernard

Katrina Johnson, Charleena Lyles’ cousin, supports offering legal assistance to families involved in police shooting deaths. Photo by Sara Bernard

King County Offers Families of Police Shooting Victims Legal Representation

The Council unanimously voted to provide publicly-funded legal counsel during fact-finding hearings.

A light bulb went off for King County Councilmember Jeanne Kohl-Welles last fall when she was approached by justice system reform advocates who asked her to sponsor legislation that would help the families of police shooting victims. “Basically, it’s a matter of fairness,” she told Seattle Weekly.

King County law enforcement involved in shootings on the line of duty are provided legal counsel during inquests, the fact-finding hearings held after police shootings that create a record of what transpired during the incident. Yet, the county doesn’t provide counsel for the families of those killed. “Whether or not the family of the decedent is able to [hire a lawyer] is really problematic,” said Kohl-Welles. “Many of the families of individuals who are killed by a police officer don’t have a lot of money.”

A lack of legal representation can preclude families from fully participating in the inquest process. Attorneys provide a means of eliciting information that would otherwise remain unknown to the family. “This is a very confusing process for family members, especially when they’re grieving,” she added.

But legislation passed unanimously by the King County Council on Monday could soon level the playing field for the families of those killed in a law enforcement-involved shooting. County council members voted 9-0 to offer publicly-funded legal representation to the families of police shooting victims during inquest proceedings if they so choose to use it.

Inquests have been used in King County to clarify the facts surrounding deaths in law enforcement custody since the 1970s. The King County Prosecuting Attorney’s Office recommends that the County Executive order an inquest after every law enforcement-involved shooting death. During the inquests held in District Court, a six-person jury listens to testimony and then answers questions from attorneys to determine what occurred during the incident. The jurors are not asked to determine if the shooting was lawful.

But the families of police shooting victims are rarely able to fully participate in the fact-finding proceedings. Out of the 34 inquests ordered between 2012 to 2016, only 12 families had pro bono or privately retained attorneys according to data collected by the King County Prosecuting Attorney’s Office. Kohl-Welles was unable to confirm why the 22 others didn’t have legal counsel, although she said she believed that it was because they couldn’t afford one.

Monday’s vote comes shortly after King County Executive Dow Constantine’s Jan. 8 announcement that the county would halt all inquest proceedings until a committee reviewing the process issues final reform recommendations, which are expected to be released in March.

Kohl-Welles hopes that the new legislation will help inform the committee’s reform recommendations, especially since the County Executive supports the ordinance. But perhaps more than anything, Kohl-Welles said that she was moved by the evocative testimony of the families who spoke about the need for publicly-funded legal representation. “To … get family members involved, then just say ‘Okay, we’re not going to do anything for a few months,’ wouldn’t have been very positive,” she said about the decision to go through with the legislation despite the halted inquest process.

Katrina Johnson, Charleena Lyles’ first cousin, has advocated for the legislation throughout the past few months. Johnson supported Sonia Joseph last December when she protested the inquest into the fatal shooting of her son Giovonn Joseph-McDade, because Joseph couldn’t afford to hire an attorney in time. “It’s unfair. It’s not right. Families have to band together and support each other while we’re still in the middle of our grief,” Johnson said.

Johnson has met many grieving families throughout the state since her cousin’s death in June, and thinks that the legislation could help lighten the load for families who already have so much on their plates. “It’s just a shame that you expect us to bury our loved ones, we have to fight off accusations in the media, and then you want us to come up with $10,000-$20,000 to pay for attorney fees? It’s not possible,” Johnson said. “We have to begin restoring a sense of justice in this process that is already unfair to these families who are in the middle of trauma.”

mhellmann@seattleweekly.com

More in News & Comment

Proposal Calls For Banning Eye Tattoos in Washington State

Canada has already banned this procedure

Split Washington In Two? 51st State Movement Highlights Cultural Divide

Rep. Matt Shea of Spokane introduces bill to establish state in Eastern Washington called Liberty

Repercussions Could Come To Law Enforcement Who Refuse I-1639

‘State and local law enforcement must uphold Washington law.’

Despite Supreme Court Ruling, Activists Fight Youth Incarceration

No New Youth Jail Coalition members send Valentines to King County officials asking them to reconsider funding priorities

Tukwila Businesses Face Uncertain Future With Arrival Of Justice Center

Immigrant communities in Tukwila and SeaTac are under pressure.

Andy Bronson / The Herald 
                                Southbound traffic backs up as northbound drivers cruise on with ease on the Highway 99 viaduct on Tuesday, January 8.
WSDOT Hopes ‘Viadoom’ Habits Continue

The department credits commuters with adapting to the closure and mitigating impacts.

President’s Emergency Declaration Sparks Immediate Legal Backlash

Attorney General Bob Ferguson said his team will sue the White House if federal funds originally intended for Washington state are interrupted.

Bill Targets Sexual Health Curriculum in Washington Schools

Senate Bill 5395 is co-sponsored by 17 Democratic representatives and introduced by Sen. Claire Wilson, D-Federal Way.

According to King County’s Mental Illness and Drug Dependency (MIDD) annual report, Seattle had the highest rate of people using services at 36 percent of the total, followed by 31 percent from South King County, 18 percent from the greater Eastside, and 7 percent from north county including Shoreline.
Study Shows King County’s Treatment Funding Is Making Progress

A document on the county’s .1 percent health sales tax was accepted Wednesday by the county council.

Most Read