For those reasons, a felony charge of vehicular homicide was not warranted: “There is insufficient evidence to prove beyond a reasonable doubt that Ofc. Dave was consciously disregarding safety,” the memo said.It remains possible that city prosecutors could file lesser charges, such as negligent driving. Tim Robinson, a spokesman for the Seattle City Attorney’s Office, said Wednesday that the case had not been referred to it for possible misdemeanor prosecution, and the Seattle Police Department did not immediately respond to an emailed inquiry about whether it might refer the case to that office.Kandula’s death ignited outrage, especially after a recording from another officer’s body-worn camera surfaced last September, in which that officer laughs and suggests that Kandula’s life had “limited value” and the city should “just write a check.”Diplomats from India as well as local protesters sought an investigation. The city’s civilian watchdog, the Office of Police Accountability, found last month that the comments by Officer Daniel Auderer — the vice president of the Seattle Police Officers Guild — damaged the department’s reputation and undermined public trust on a scale that is difficult to measure.Seattle Police Chief Adrian Diaz is weighing Auderer’s punishment.The comments were “derogatory, contemptuous, and inhumane,” wrote Gino Betts Jr., director of the accountability office.In a statement to the office, Auderer acknowledged that his remarks — during a call with Mike Solan, the police union’s president — sounded callous, but that they were intended to mock a legal system that would try to put a value on Kandula’s life.
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