Confusion over state's new police reform laws continues for some law enforcement agencies

BONNEY LAKE, Wash. -- Confusion over the new police reform laws continues to bedevil police and sheriffs’ offices across Washington state, prompting the state attorney general's office to issue new guidance in an effort to resolve some of the confusion.

The new law was cited for a decision by Pierce County deputies who said they couldn’t deploy a K9 unit in a murder case because of the restrictions from the new laws. The incident in Puyallup led to the death of Franklin Thananga, 16, who also goes by the name Franklin Kiraba. No one has been arrested in his death as of Thursday, officials said.

Police in Bonney Lake Police said a similar situation occurred in their jurisdiction this week as well involving an attempted robbery and shooting linked a truck crash into a home.

The suspect fled from the scene, but the police didn’t use their police dog because they believed the new laws means officers must have absolute probable cause or risk breaking the law.

The sponsor of the laws says that is not the intent.

“We do want to reduce dog bites for sure and that’s one of the reasons we want to sit down and establish a statewide uniform policy,” said state Rep. Roger Goodman, D-Kirkland. “But nothing we did prevented law enforcement from using K9s in that situation.”

Goodman says he understands there’s some confusion and that’s why he and other sponsors are turning to the state attorney general for guidance especially when it comes to police deciding not to respond to mental health situations.

“I am troubled by a few police agencies who have said they’re not going to show up anymore unless it’s a crime," Goodman said. “The public expects the police to show up.”

The state attorney general’s office said Thursday that “Bill 1310 does not prohibit peace officers from responding to community caretaking calls, including mental health calls.”

“That’s a good thing and we appreciate the information. Anything that increases clarity is a good thing,” said Steve Strachan, executive director of the Washington Association of Sheriffs and Police Chiefs. “Our officers and deputies across the state, our chiefs and sheriffs across the state are working to understand and interpret these new laws with their legal advisors.”

Some have suggested that some law enforcement officers are refusing to respond because they remain upset about the new laws.

“Through the entire process of the legislative session and the significant reform laws that were passed, I think that law enforcement has consistently expressed some concerns with some of the language," Strachan said. "They understood the need for reform and agree with many of the goals of these reforms.”