Key facts
- A California law shifted investigations of fatal police shootings from local authorities to the state attorney general.
- The law, enacted in 2020, aimed to enhance credibility and remove conflicts of interest.
- Attorney General Rob Bonta's office has not met its pledge to complete investigations within 12 months.
- Investigations now average over two years and five months, with some exceeding three years.
- Delays beyond three years can prevent officers from being decertified.
- No officers have been prosecuted or referred for discipline by Bonta's office following these investigations.
A California law enacted in 2020, inspired by the death of George Floyd, aimed to enhance police accountability by transferring the responsibility for investigating fatal police shootings from local authorities to the state attorney general's office. The intention was to bring greater credibility, speed, and investigative resources while avoiding potential conflicts of interest. Lawmakers and advocates, including then-Assemblymember Rob Bonta, supported the legislation.
However, the state attorney general's office, now led by Rob Bonta, has struggled to meet the law's objectives. Bonta pledged to complete investigations within 12 months, but a CalMatters investigation found that the department has not met this target. The average investigation now takes over two years and five months, with eight cases closed taking less than two years. Critically, 13 use-of-force investigations have exceeded three years, potentially past the statute of limitations for charging officers with crimes short of murder.
These prolonged delays mean that officers cannot be decertified if a case extends beyond three years, leaving them free to work for other law enforcement agencies. Families of victims face extended waits for justice, while officers remain in limbo. Former Sacramento County District Attorney Anne Marie Schubert expressed surprise at the lengthy timelines and questioned resource allocation.
To date, Bonta's office has not prosecuted any officers or referred them for decertification following these investigations. Bonta attributes the backlog to insufficient funding and legislative priorities, a concern echoed by his predecessor, Xavier Becerra, who had requested more funds. Internal complaints about being undermanned were noted early in the process. While Bonta's office states the law does not prevent parallel local investigations, local law enforcement agencies, such as the Redding Police Department, have adopted a hands-off approach, ceding criminal jurisdiction to the state.
The article highlights the case of David Couch, who died after alleged mistreatment in jail and a subsequent fatal encounter with law enforcement. His mother, Jeanelle Couch, has spent years seeking answers and filed a lawsuit detailing claims of improper medication and solitary confinement during his jail stay.