A Leavenworth police officer was indicted by a grand jury. Will it lead to change?

Former Leavenworth Police Officer Matthew Harrington will get his day in court after he was indicted in the 2017 shooting death of Antonio Garcia Jr. But will other area prosecutors take the lead of Leavenworth County Prosecutor Todd Thompson to bring similar cases in front of a grand jury?

It is worth noting that an indictment — let alone the charging of an officer involved in the on-duty shooting of a civilian — is extremely rare. And Thompson is bound by duty to prove his case against Harrington.

But could the legal maneuver be a sign of things to come? Probably not. Most prosecutors in the area prefer to keep their decision to file charges in-house.

Leavenworth County became the first county in Kansas to indict a police officer involved in a fatal on-duty shooting in at least 13 years, according to research conducted by Philip Stinson, an associate professor of criminal justice at Bowling Green State University in Ohio.

At least three law enforcement officials in Missouri have been indicted since 2005, when Stinson began tracking cases. He says prosecutors know how difficult it is to obtain a conviction against an officer for an on-duty shooting.

It can be an uncomfortable and unpopular decision at times.

“You’re damned if you do and damned if you don’t,” Stinson said.

And he is correct. Prosecutors are bound to uphold justice. But the grand jury process is an integral part of the criminal justice system and should not be ignored. It allows citizens to decide whether or not the state has sufficient evidence against someone in order to make them stand trial.

Harrington was charged with involuntary manslaughter. He is accused of unintentionally killing Garcia “during the commission of a lawful act in an unlawful manner.”

Harrington was fired in January for a violation of the department’s use of deadly force policy. He allegedly shot Garcia multiple times as Garcia sat in the driver’s seat of an SUV.

Leavenworth Police Chief Patrick Kitchens concluded that Harrington’s use of deadly force was unreasonable.

There is an old saying that a prosecutor can indict a ham sandwich. But a grand jury can also reject an indictment. The process could inspire confidence in the judicial system if used appropriately.

We don’t know how the case against Harrington will unfold. And he has to be found guilty beyond a reasonable doubt.

But the indictment is a legal victory for a family still grieving. Perhaps Tracy Ludeman, a close family friend of Garcia, said it best: “You can’t just go around and shoot someone.”

At least without serious repercussions.

Law enforcement officials have a responsibility to uphold the law. As Harrington found out, they must be held accountable if they fail to do so.

The grand jury process is one of way to do that. Area prosecutors should seriously consider the option in the future.

This story was originally published August 14, 2018 at 5:54 PM.