The Office of Special Prosecutions (OSP) held a press conference on Wednesday to address the investigatory approach to officer-involved shootings in the state, in which they provided an update on the recent AST shooting at Kasilof Beach on July 8. John Skidmore, Deputy Attorney General for the Criminal Division of the Alaska Department of Law, met with reporters to discuss how OSP reviews officer-involved shooting cases. There have been nine such shootings in Alaska in 2024, five of them in Anchorage since May.
According to the update, in the OSP investigation into the shooting death of Kirk Medak in Kasilof, a prosecutor has been in communication with investigators, and OSP is awaiting certain reports from law enforcement, including the autopsy and ballistics reports.
“The Office of Special Prosecutions’ review of use-of-deadly-force incidents protects the due process for the person shot and the officer,” said Alaska Attorney General Treg Taylor. “The reviews are an integral part of delivering justice in Alaska.”
One question that has come up frequently on officer-involved shootings regards access to video footage from body cams worn by law enforcement officers.
A press release from OSP said this is a common request not just from the public but also from officers. “Officers frequently request the release of video from body-worn cameras. Such requests often come while officers are still gathering evidence or the case is being reviewed by officers and prosecutors to determine whether criminal charges should be filed,” the press release stated.
“Requests for the release of body-worn video prior to the completion of review for possible criminal charges creates a tension between the public’s desire for transparency and the constitutional due process rights of potential defendants,” said Deputy Attorney General Skidmore.
In order to expedite the release of body cam footage, OSP has increased the number of personnel assigned to these cases from three prosecutors to seven prosecutors. They have also asked for commitments from law enforcement to provide reports sooner. Skidmore said OSP is seeking to improve the Office’s coordination with the Crime Lab on only essential testing and improve communication with the State Medical Examiner’s Office.
Per Alaska Statute 11.81.370, “[An] officer may use deadly force only when and to the extent the officer reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of a person the officer reasonably believes (1) has committed or attempted to commit a felony which involved the use of force against a person; (2) has escaped or is attempting to escape from custody while in possession of a firearm on or about the person; or (3) may otherwise endanger life or inflict serious physical injury unless arrested without delay.”
Other updates provided on the status of pending officer-involved shooting cases include:
- Kristopher Handy; May 13, 2024, Anchorage; the autopsy report and the ballistics report received July 16.
- Tyler May; June 3, 2024, Anchorage; Law enforcement reports provided to Special Prosecutions on July 5. Still awaiting the autopsy report.
- Lisa Fordyce-Blair; June 19, 2024, Anchorage: A prosecutor has been in communication with investigators at APD, and some law enforcement reports were provided to Special Prosecutions on July 16. Still awaiting the autopsy and ballistics report.
- Damien Dollison; July 8, 2024, Anchorage: A prosecutor has been in communication with investigators at APD, awaiting police reports and ballistics reports.
- Steven Kissack; July 15, 2024, Juneau: A prosecutor has been communicating with investigators and is awaiting reports from law enforcement, autopsy, and ballistics.
- Angela Polty; May 18, 2024, Marshall; Awaiting ballistics.
- Micheal Grimes; November 1, 2023, Healy; Awaiting Ballistics.
Three cases were recently closed:
- Timothy Thomas; Oct. 30, 2023, Tok; no charges filed against AST Trooper.
- Kaleb Bourdukofsky; June 1, 2024, Anchorage; no charges filed by APD officers.
- Victor Jack; February 28, 2024, Wasilla; no charges filed against AST Trooper.