The Crown Prosecution Service (CPS) announced on Wednesday that the Metropolitan Police Officer who shot Chris Kaba is being charged with murder.
Chris Kaba, 24, was fatally shot by a firearms officer from the Metropolitan Police over one year ago on 5 September 2022 in Streatham, London. He was an unarmed Black man.
The officer was due to appear before Westminster Magistrates Court yesterday. The officer is known only as NX121 at this stage.
The decision in Chris’s case follows the homicide investigation by the Independent Office for Police Conduct (IOPC), who passed their file to the CPS in March.
Since 1990, there have been 1,870 deaths in or following police custody or contact in England and Wales, as recorded by INQUEST. In that time, there has only been one successful prosecution of a police officer for manslaughter in 2021, and none for murder.
There have been ten other murder and manslaughter charges following deaths, which did not result in successful prosecutions.
Both successful and unsuccessful prosecutions have also been brought following deaths in police contact under Health and Safety legislation. Other criminal charges against officers, such as perjury and misconduct in public office, have been brought following deaths in custody, but most have led to acquittals or not guilty verdicts.
In a joint statement, the family of Chris Kaba said: ‘Chris was so very loved by our family and all his friends. He had a bright future ahead of him, but his life was cut short. Our family and our wider community must see justice for Chris.
‘We welcome this charging decision, which could not have come too soon. Now we await the trial of the firearms officer without delay and hope and pray that justice will be served.’
Anita Sharma, Head of Casework at INQUEST, said: ‘Bereaved families should expect that police officers who kill people are held to account to a criminal standard, but this is so often denied.
‘As such, today’s decision from the Crown Prosecution Service is welcome. The next stages of this prosecution must be pursued promptly, whilst ensuring the upmost scrutiny of the officer’s actions.
‘Chris was an unarmed Black man who was shot in the head by a police officer on the streets of London. His death has generated national and international disquiet and yet again exposed the racism and violence of policing.’
Daniel Machover of Hickman & Rose, who represent the family, said: ‘Over the past year, Chris’ family have shown extraordinary dignity and strength as they have demanded answers about how Chris was killed, and sought justice and accountability for him.
‘Today’s welcome charging decision brings some hope that justice may be served for Chris, though the family’s wait for answers continues.’
An INQUEST report published earlier this year found that families of Black people who have died following police contact in recent years were unable to get accountability for racism from a system that is not ‘fit for purpose’.
CRIMINAL PROSECUTIONS OF POLICE OFFICERS INVOLVED IN DEATHS
Since 1990 there have been 1,870 deaths recorded by INQUEST in or following police custody or contact. In that time there has only been one successful prosecution of an officer for manslaughter in 2021, and none for murder.
Dalian Atkinson, 48, died on 15 August 2016, following use of force by officers of West Mercia police. PC Benjamin Monk was found guilty of the manslaughter, reduced from murder, and was sentenced to eight years in prison in 2021.
There have been ten murder and manslaughter charges following deaths, which did not result in successful prosecutions.
Both successful and unsuccessful prosecutions have also been brought following deaths in police contact under Health and Safety legislation.
Murder and manslaughter charges following deaths:
- Thomas Orchard – A Custody Sergeant and two Detention Officers (civilian staff) involved in the death following use of force on Thomas in October 2012 were charged with unlawful act, manslaughter and gross negligence manslaughter. All were acquitted, despite the critical evidence heard at the trial, in March 2017.
- Azelle Rodney – On 30 July 2014, the CPS concluded there was sufficient evidence and that it was in the public interest for an officer, who shot and killed Azelle Rodney on 30 April 2005, to be prosecuted for murder. This followed a public inquiry into the death. Despite the deeply critical findings of the inquiry, the officer was found not guilty by a majority verdict from a jury on 3 July 2015.
- Ian Tomlinson – In April 2009 Ian Tomlinson died after being struck by a police officer during a protest. A prosecution was brought against the officer who struck him, who was charged with manslaughter. In July 2017 the officer was found not guilty.
- Michelle Wood – Michelle was found dead after being released from police custody in February 2003. Three police officers were charged with gross negligence manslaughter but were found not guilty by a jury in April 2005.
- Robin Goodenough – Robin died in September 2003 after being stopped by police. Three officers were charged with manslaughter and ‘assault occasioning actual bodily harm’. In November 2005 one officer was cleared of all charges and two faced retrial after the jury failed to reach a verdict. In July 2006, a subsequent trial acquitted the two officers of the latter charges.
- Christopher Alder – The CPS initially decided there was insufficient evidence to pursue criminal charges against the officers involved in Christopher’s death in 1998. Following a review of the medical evidence, officers were charged with manslaughter in March 2002. In June 2002 the trial collapsed when the judge ordered the jury to find the officers not guilty on all charges.
- James Ashley – After James was fatally shot by police in 1998, a Sussex police officer was charged with murder and manslaughter in April 1999. Four other Sussex officers involved were charged with misconduct in public office. The trials collapsed and no officer was found guilty.
- Criminal trials were also brought in the case of David Ewin who was fatally shot by police in 1995, Richard O’Brien who died in contact with police in 1994, and Joy Gardner who died in 1993. In all cases all officers involved were acquitted at trial in the mid 1990s.
Prior to the prosecution in the case of Dalian Atkinson, the last successful prosecution of a police officer for manslaughter took place in 1986, following the death of Henry Foley, a 67 year old man who died from injuries inflicted by police officers whilst in custody. The officer was found not guilty of murder, but guilty of manslaughter and was sentenced to seven years.
Both successful and unsuccessful prosecutions have also been brought following deaths in police contact under Health and Safety legislation:
- Thomas Orchard – On 3 May 2019, the Office of the Chief Constable for Devon and Cornwall Police was found guilty and sentenced for health and safety breaches which came to light following the death of Thomas Orchard in October 2012.
- Anthony Grainger – The Chief Constable of Greater Manchester Police (GMP), as the corporation sole, was charged under Health and Safety at Work Act after Anthony Grainger was fatally shot by GMP on 3 March 2012. However, in January 2015 an ‘abuse of process’ argument from the police was accepted and the charges were dropped. A public inquiry, which was published in July 2019, followed.
- Jean Charles de Menezes – The Metropolitan Police Service (MPS) Commissioner was prosecuted for ‘failing to provide for the health, safety and welfare of Jean Charles de Menezes’. The MPS, on behalf of the office of the Commissioner, pleaded not guilty to the charges. On 1 November 2007, the Metropolitan Police Commissioner in his official capacity was found guilty.
Other criminal charges against officers, such as perjury and misconduct in public office, have been brought following deaths in custody, but most have led to acquittals or not guilty verdicts.
One exception is that in March 2007, a Derbyshire police officer who failed to check on a man in police custody, despite signing forms stating that he had, was found guilty of misconduct in public office. The man, Craig Boyd, was found dead in a police cell on 16 March 2004.
Since 1990, a total of 80 people have been fatally shot by the police in England and Wales.