A better way for Johnson County to trust police shooting investigations | Opinion

The use of deadly force by a police officer is a profoundly traumatic event for everyone involved.

“Officer-involved critical incidents are just that: critical,” said former Ohio attorney general Dave Yost, a leading authority in how to handle officer involved shootings. ”The life-or-death ramifications impact not only those involved and their families, but also the agencies involved and the community.”

The seriousness of these shootings demands that the investigations must be conducted by an independent agency. Here in Johnson County, we should be replicating best practices as modeled by Ohio’s Bureau of Criminal Investigation to ensure impartiality, thoroughness, transparency and fiscal responsibility.

Johnson County District Attorney Steve Howe wrote: “In 2005 the Johnson County Police Chief and Sheriff’s Association created OICIIT, the Johnson County Officer Involved Shooting Investigation Team. At that time, most law enforcement agencies investigated their own officers in deadly-force situations. The purpose of OICIIT was to create an independent organization to investigate deadly-force incidents, thus avoiding the appearance of favoritism or a conflict of interest.”

According to the OICIIT log that I obtained through a Kansas Open Records Act request, there have been 39 OICIIT investigations in the 20 years since it was created. In all 39 of the investigations, the Johnson County district attorney deemed every single shooting justified. The DA has not ruled on the two most recent officer-involved shootings: A sheriff’s deputy shot and killed a man in December at the Panasonic Plant in DeSoto. A Mission officer wounded a burglary suspect in March. No body-worn camera footage has been released in either case.

But is there a better way? There might be.

The Kansas Bureau of Investigations has investigated officer-involved shootings across the state since 1939. The KBI has an experienced team that can operate more independently than any local agency, and can ensure that these investigations are done consistently and meticulously.

The decision to charge a police officer is still ultimately in the hands of the local district attorney. Most KBI investigations have cleared the officers involved. However, a few officers have been charged criminally. However, Johnson County’s OICIIT process has resulted in clearing every single officer since 2005.

Thoroughness is a bit more difficult to measure because of the difficulty in obtaining investigative records in Kansas. However, we do have two examples where the public can see the difference between OICIIT and KBI officer-involved investigations.

The night of March 26, 2022, Baxter Springs, Kansas, police responded to a call for help from the mother of two-year-old Clesslyn Crawford. Clesslyn was fatally shot by a police sniper during the standoff. The KBI conducted the investigation using state-of-the-art forensic 3D scanning and tools for analysis. A digital crime scene map, trajectory report and transcripts were all included in the agency’s report.

The only Johnson County OICIIT report that has ever been released to the public is the report involving the death of my unarmed 17-year-old son, John. OICIIT has the same access to state-of-the-art tools.

All the evidence was collected the night John was killed, but OICIIT did nothing with it. There was no digital crime scene map or trajectory report in the OICIIT document.

Missing or withholding crucial information in these cases erodes the public trust in government. Which is why transparency is tantamount. KBI releases timely and transparent statements with preliminary information within a day or two of the shooting.

The most shocking difference between the OICIIT and KBI is that the KBI does this work at zero cost to the local agency or municipality.

Currently, when there is an officer-involved critical incident in Johnson County, the police departments and Johnson County sheriff’s office pull officers off their current duties to investigate. These examinations take at least 300 hours to complete by experienced officers. Add those hours up over time, and it makes up thousands of dollars that could be saved and spent elsewhere.

So why does Johnson County continue to waste tax dollars on a duplication of services? The answer is simple: The OICIIT allows local law enforcement and the DA to control the narrative. Whether you believe the OICIIT does an effective job being impartial, thorough and transparent or not, there is one clear fact: Using the KBI for these investigations costs Johnson County taxpayers nothing.

Sheila Albers is an advocate, educator and open records warrior. She lives in Overland Park. Her experiences are documented in “Stolen Sons: Police Violence, A Broken System, and Two Mothers’ Journey from Grief to Justice,” coming in March 2027 from Plainspoken Books, an imprint of the University Press of Kansas.