Here’s why Ada County prosecutor opposes early release of police shooting body-cam video
Days after rebuffing Boise Mayor Lauren McLean’s push for the release of body camera videos in police shootings, Ada County’s top prosecutor expanded on her previous statement Thursday and reiterated her resistance to the idea.
During a news conference regarding a fatal Garden City police shooting in April, Ada County Prosecutor Jan Bennetts said releasing such footage early creates a public trial rather than allowing the full extent of the judicial process.
“We have to protect due process rights both of the person who has been charged and the investigation that’s ongoing for potential charges that could come against police officers,” Bennetts said. “Both individuals have due process rights, and we have to protect them.”
She also said prosecutors must follow ethical rules, and releasing evidence that could condemn either a suspect or a police officer is not allowed. She said it would be inappropriate to release evidence before every avenue of an investigation is complete.
The release of body camera footage has been a particular point of contention in the Boise community in recent months, in particular with the shooting by police of Mohamud Mkoma, a 33-year-old Boise resident. Mkoma, a Black African man, was shot by officers on June 27. Mkoma’s family and members of the community have called on police to release body camera footage of his shooting, after alleging that police used excessive force and that BPD released false information to the public surrounding the incident.
Mkoma has since been charged with a slew of crimes, including sex-crime felonies and aggravated assault.
Boise Police Chief Ryan Lee said recently that he wanted to find a way to release body camera footage of police shootings more quickly. Lee acknowledged that he can’t do it unilaterally, but said conversations about the topic were ongoing.
On Friday, McLean called on the Ada County Prosecutor’s Office to release some body camera footage, noting the large amount of public interest.
“I know these incidents have created feelings of uncertainty and anxiety for members of our community,” McLean said in a news release. “I also understand the public’s frustration when it comes to body camera footage — it can often be months before the images are released.”
On that same day, Bennetts responded in a statement indicating that her office would not release the footage, saying, “We will not be party to impeding the pursuit of justice.”
Days later, Bennetts said that Thursday’s release of the Garden City police shooting body camera footage was taking place because the investigation was complete and a fellow county prosecutor had made a finding.
Valley County Prosecutor Brian Naugle ruled that two unnamed Garden City police officers were justified when they shot and killed 58-year-old Thomas Bunde in April. Naugle, Bennetts and local police leaders gathered Thursday at the Garden City Police Department to announce the results of the investigation and release the body camera footage.
Body-cam video from two officers showed Bunde pointing a revolver at one officer’s head, and Bunde can be heard on the recording saying, “I’ll blow your f****** head off.” Moments later, two Garden City officers fired their guns. Bunde died at the scene.
