A California law inspired by the killing of George Floyd, intended to strengthen police accountability by transferring use-of-force investigations from local authorities to the state Attorney General's office, is instead creating years-long delays that critics say weaken oversight. A CalMatters investigation found that the California Department of Justice, under Attorney General Rob Bonta, has failed to complete a single investigation within the promised 12-month timeframe.
The average fatal shooting investigation takes nearly two years and five months, with 13 cases exceeding three years—past the statute of limitations for most crimes an officer could face short of murder. Once a case extends beyond three years, an officer cannot be decertified, meaning they can continue working in law enforcement elsewhere.
The delays leave families of victims waiting for justice and officers in limbo. In one case, the family of David Couch, a 31-year-old man shot and killed by California Highway Patrol Officer Ryan Cates in Redding on February 17, 2023, waited over three years for the state's investigation to conclude.
The DOJ report, issued after 1,199 days, found insufficient evidence to prosecute Cates. Jeanelle Couch, David's mother, said she spent years trying to understand what happened to her son, who was experiencing a manic episode after being released from jail.
The DOJ investigation found that Couch, who had knives strapped to his jacket but did not touch them, struggled with Cates and grabbed his Taser before Cates fired four shots. Couch died nine days later.
The law, signed by Governor Gavin Newsom in 2020, was hailed as a major win for police accountability. But from the start, the Justice Department was underfunded.
It requested $26 million for four investigative teams but received only $13 million for two teams. Internal emails from the first investigation showed employees felt undermanned.
Bonta blames the backlog on lack of funding and legislative priorities, but his office has not closed a single case within a year. Local police chiefs and prosecutors have grown impatient, with the California Police Chiefs Association saying the delays erode confidence and deepen mistrust.
Some progressive prosecutors also worry that removing local control reduces community pressure on prosecutors to take police shootings seriously.
To date, no officer has been prosecuted by Bonta's office, and no officer has been referred for decertification or discipline after a police shooting investigation. The DOJ says improvements are underway, noting that in the last two and a half years, it closed nine times as many cases as in the first two and a half years.
But critics argue the system is failing families and officers alike. Jeanelle Couch remains hopeful about her family's lawsuits against the state, county, and officer, saying, "I want light on it."