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Police shootings put spotlight on Wash. deadly force initiative

(Scott Olson/Getty Images)

SEATTLE, Wash. — Washington is considered to be the most difficult place in the country to prosecute police accused of misusing deadly force.

Che Taylor was killed in February 2015 during a confrontation with Seattle police. Police say Che was reaching toward a gun. The department's investigation found the shooting to be within department policy.

His brother Andre believes the shooting was not justified and is frustrated at the barriers to prosecuting police officers accused of misusing deadly force.

"In order for us to investigate the officer, bring him up on charges, we'd have to prove that this officer had malice and malice is a state of mind which is a hard thing to prove," Andre Taylor said.

Many citizens are angry about a standard that makes it so difficult to prosecute officers accused of wrongful use of deadly force.

Leo Poort, who is now retired after 32 years as the Seattle Police Department's legal advisor, helped write the law that protects police from prosecution if deadly force was used "without malice" and with a "good faith belief” that deadly force was necessary.

Asked if the current standard gives police officers a free pass to use deadly force, Port said, "I don't think so and that's why I have participated myself in cases against police officers to hold them accountable in the civil arena,." Poort said.

Now Andre Taylor is campaigning for statewide Initiative 873, which would eliminate the need for prosecutors to prove malice in deadly force cases.

"This is not anti-police. It is pro-community. We need police but,as well, we need oversight," Taylor said emphatically.

But Poort cautioned, "It's also important not to just take away too much of the protection that police officers have ... when they are sent out with deadly force to do their job in circumstances when it is appropriate."