(Updated to reflect Police Chiefs Association Comment)
A Johnson County legislator on Monday introduced a bill that would demand more disclosure about fatal police shootings similar to one that claimed the life of an Overland Park teen in 2018.
Democratic state Rep. Dave Benson’s legislation would make public details of investigations of police shootings when prosecutors decide they’re justified and don’t file charges. It also would:
- Require every law enforcement agency to have a written policy for officer-involved shooting deaths.
- Require shooting deaths to be investigated by two officers not employed at the department involved in the case.
Benson’s bill comes almost two years after a 17-year-old boy was shot multiple times by an Overland Park police officer as he backed a van out of his family’s garage.
Police had been responding to reports that the teen had been threatening to hurt himself when the shooting occurred.
Johnson County District Attorney Steve Howe found that the police officer reasonably believed his life was threatened when he fired 13 times into the moving van. Howe said it was a proper use of force.
The family of John Albers sued the city in federal court and eventually settled the case for $2.3 million, but prosecutors didn’t release the investigative report other than dashcam footage.
After the wrongful death lawsuit was settled, another suit was filed in state court seeking access to investigative records in the case.
Benson, who hired Albers’ mom as an assistant principal when he was the Blue Valley schools superintendent years ago, wants to bring more accountability to police shooting investigations.
Benson said in an interview that he wasn’t taking sides in whether there had been full disclosure in the Overland Park shooting.
But Benson said he wants a public policy that demands transparency in cases when there is a fatal officer-involved shooting.
“To me that is an imperative that is being widely discussed across this country right now,” he said.
Law enforcement was still studying the bill this week, said Ed Klumpp, legislative liaison for the police chiefs association.
“There are portions of the bill that need clarity to understand the breadth of the intended scope and how it balances the various interests of transparency with the safety and rights of all other involved parties and with the continuing investigations of any criminal activity leading to the event,” Klumpp said in an email.
Benson said the bill provides for redacting information that might be sensitive, including witnesses, phone numbers and addresses.
“We certainly understand that there’s information that might be redacted from the public release,” he said.
“But the pertinent facts, the relevant facts, need to come out.”
The shooting galvanized the community, leading to the formation of a group — JOCO United — to help police better respond to calls involving people with mental health issues.
The group also wants to increase openness in government and give the public more access to government records.
Benson credited JOCO United for advancing the transparency issue.
“I am pleased to carry it forward and see if we can’t get a committee hearing on a bill and see where it goes from there.”
Benson added in a separate statement that the legislation would help law enforcement and the public “by building credibility and trust.”
“Independent, transparent investigations are just good public policy, and can potentially save lives,” he said.
“This bill is critical for the safety of both communities and police officers.”
