Seattle police officer who hit, killed grad student in crosswalk will not face charges

SEATTLE (KOMO) — No charges will be filed against the Seattle police officer who struck and killed a 23-year-old woman in a South Lake Union crosswalk on Jan. 23, 2023.

The King County Prosecuting Attorney's Office (KCPAO) announced its decision Wednesday, saying it lacked "sufficient evidence under Washington state law to prove a criminal case beyond a reasonable doubt" against Seattle Police Department (SPD) officer Kevin Dave.

Dave was responding to a call and driving near the intersection of Dexter Avenue North and Thomas Street around 8 p.m. on a Monday when he hit Jaahnavi Kandula, a graduate student at Northeastern University's Seattle campus. Kandula came to the Pacific Northwest from Bengaluru, India, in 2021 and was set to graduate in December 2023.

“Ms. Kandula’s death is heartbreaking and impacted communities in King County and across the world," Leesa Manion of the KCPAO said via statement. "It is the responsibility of the King County Prosecuting Attorney’s Office to review all available evidence relating to the case involving Seattle Police Officer Kevin Dave and the January 2023 collision death of Jaahnavi Kandula. After staffing this case with senior deputy prosecuting attorneys and office leadership, I have determined that we lack sufficient evidence under Washington State law to prove a criminal case beyond a reasonable doubt."

A report from KCPAO showed Dave was traveling at 74 mph with sirens activated, 'chirped' the siren while going through the previous intersection and applied brakes as he reacted to Kandula in the intersection slowing to 63 mph. KCPAO said in the report, "there is insufficient evidence to prove beyond a reasonable doubt that Ofc. Dave was consciously disregarding safety." The report also noted however, the collision occurred in part due to Ofc. Dave's speed.

According to the report, there were two pedestrians and one cyclist near the intersection at the time of the crash who witnessed what happened. All three heard and/or saw the police lights and sirens going, but one witness noted "it appeared to him that Ms. Kandula did not take notice of the patrol vehicle before stepping into the crosswalk." The witness also noted it was dark in the area and he did not think the officer could see Kandula as she was wearing dark-colored clothing.

Photos captured from the patrol car's dash camera show Kandula appears to realize the vehicle was approaching rapidly at the last second and started running across the intersection to avoid being hit. According to the report, it's unclear if Kandula was wearing earbuds at the time of the incident which may have affected her ability to hear the sirens, but noise-cancelling Apple Airpod Pro earbuds were found in the debris north of the crosswalk.

The case made national — and international — headlines after body-worn camera audio from another officer was released. Daniel Auderer, the vice president of the Seattle Police Officers Guild, responded to the Jan. 23 crash scene and afterward called guild President Mike Solan to report what happened. In the recording released by the SPD, Auderer laughs and suggests that Kandula’s life had “limited value” and the city should “just write a check.”

“Eleven thousand dollars. She was 26 anyway,” Auderer said, inaccurately stating Kandula's age. “She had limited value.”

The recording did not capture Solan's remarks.

"The PAO finds the comments made by Seattle Police Officer Daniel Auderer, and recorded on his body-worn video, appalling and deeply troubling," the KCPAO said Wednesday in its statement. "Officer Auderer’s comments were also unprofessional and served to undermine the public’s trust in the Seattle Police Department and law enforcement in general.

"As egregious as Officer Auderer’s comments are, they do not change the PAO’s legal analysis into the conduct of Officer Dave. It is the Office of Police Accountability that bears the responsibility of disciplinary investigation and proceedings relating to Officer Auderer’s comment, not the PAO.”

The one-year anniversary of Kandula's death passed last month, and on that same day, the Office of Police Accountability (OPA) announced an investigation into complaints about Auderer's remarks. The OPA said Auderer violated the SPD's policies on professionalism and bias-based policing. The OPA did not say what the recommended discipline would be for Auderer but told KOMO News that information would be released once the disciplinary process was complete.

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