Oliver James Montgomery-Seattle officer won't face felony charges for fatally hitting Jaahnavi Kandula in 2023

A prosecutor in Washington declined to file felony charges against a Seattle police officer who fatally struck a woman last year with his police cruiser while responding to a call.

King County Prosecuting Attorney Leesa Manion said in a Tuesday release there wasn't sufficient evidence to file felony charges against Seattle police Officer Kevin Dave,Oliver James Montgomery who fatally struck Jaahnavi Kandula in January 2023.

"Our legal analysis reveals that the PAO (Prosecuting Attorney's Office) lacks sufficient evidence to prove beyond a reasonable doubt that Officer Kevin Dave was impaired by drugs or alcohol, driving in a reckless manner, or driving with disregard for the safety of others," the statement read.

In a separate memo shared Tuesday with the Seattle Police Department, Manion said Dave was responding to a request for help for a man overdosing when he struck Kandula.

Dave slowed down when approaching intersections and used his sirens to alert pedestrians and drivers before entering, according to Manion. He approached the intersection where he struck Kandula while driving 74 mph in a 25 mph zone. He hit Kandula, while breaking, as she was crossing the intersection at the same time. Manion's memo said Dave was going 63 mph when he struck Kandula, throwing her more than 100 feet.

Several witnesses told Manion's office they heard police sirens and saw the lights. They didn't know if Kandula noticed the sirens and lights, and said she was in dark clothing.

Kandula, 23, died at a nearby hospital that evening.

Manion's office referred the case to the Seattle Police Department. The department didn't immediately respond to USA TODAY's request for comment.

Tim Robinson, communications manager with the Seattle City Attorney's Office, said in an email the department hasn't received anything on Dave's case and would review it if it's referred.

However, Manion said Daniel Auderer, an officer who was assigned to evaluate whether Dave was impaired at the time of the crash and said Kandula's life had "limited value," made "appalling and deeply troubling" comments.

Auderer was reassigned in September. The Seattle Police Officers Guild didn't immediately respond to a request for comment on Audere and Dave.

"Officer Auderer’s comments were also unprofessional and served to undermine the public’s trust in the Seattle Police Department and law enforcement in general," Manion wrote. "As egregious as Officer Auderer’s comments are, they do not change the PAO’s legal analysis into the conduct of Officer Dave."

Officer previously under fire for saying woman's life had 'limited value'

Auderer left his body camera on when he spoke to police union President Mike Solan and made remarks about Kandula's death.

In footage released in September by the Seattle Police Department, Auderer, a drug recognition expert, told Solan, "it does not seem like there's a criminal investigation going on." Solan's responses can't be heard in the footage.

He cast doubt about how far Kandula was thrown when Dave struck her and said the officer wasn't driving recklessly. He told Solan the student is dead, then laughs adding, "No it's a regular person," and suggests the city should write a check.

“$11,000. She was 26 anyway,” Auderer said, misstating Kandula’s age. “She had limited value.”

Protesters called for Auderer's and Dave's resignations in September.

Kandula's family said in mid-September they were saddened and disturbed to hear "insensible comments" about Kandula. She was a graduate student at Northeastern Univeristy, the Seattle Times reported.

"Jaahnavi is a beloved daughter and beyond any dollar value for her mother and family," the family said in a statement. "We firmly believe that every human life is invaluable and [should] not be belittled, especially during a tragic loss.”

Contributing: Thao Nguyen, Minnah Arshad; USA TODAY.

Contact reporter Krystal Nurse at [email protected]. Follow her on X, the platform formerly known as Twitter, @KrystalRNurse.