A California law inspired by the killing of George Floyd, intended to strengthen police accountability by transferring investigations of fatal police shootings from local authorities to the state attorney general, has instead created a severe backlog that undermines its purpose. Signed by Governor Gavin Newsom in 2020, the law aimed to bring independence, speed, and credibility to the process.
However, a CalMatters investigation reveals 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 investigation now takes nearly two years and five months, with 13 cases exceeding three years—well past the statute of limitations for many potential charges short of murder.
This delay also prevents the decertification of officers involved, allowing them to continue working in law enforcement.
The case of David Couch, a 31-year-old man killed by a California Highway Patrol officer in Redding in February 2023, illustrates the system's failures. Couch, who was experiencing a manic episode after being released from jail, was shot by Officer Ryan Cates after a brief confrontation.
The Department of Justice investigation took 1,199 days—over three years—and concluded there was insufficient evidence to prosecute Cates. Couch's mother, Jeanelle Couch, spent years seeking answers.
The law's implementation was hampered from the start by insufficient funding. The Department of Justice requested $26 million for four investigative teams but received only $13 million for two.
Internal emails from the first investigation revealed complaints of being undermanned. Bonta blames the backlog on a lack of legislative funding, while local police chiefs express growing impatience.
The delays leave families in limbo and erode public trust, as local authorities typically halt their own investigations once the state takes over. Despite the law's intent, no officer has been prosecuted or decertified as a result of these state investigations.