A Metropolitan police firearms officer has been referred to prosecutors to consider a potential murder charge for shooting dead Chris Kaba, who was killed in September 2022 in south London.
The Independent Office for Police Conduct announced a homicide investigation into the officer known only as NX121 shortly after the incident.
It has publicly said no non-police-issue firearm was recovered from the scene where Kaba came face to face with armed police.
Kaba, 24, was killed by a single gunshot on 5 September 2022 in Streatham, south London. He was in a dark Audi car, which came to a halt and was boxed in by police.
On Thursday the IOPC said it had referred a file of evidence to the Crown Prosecution Service after finishing their homicide investigation.
The CPS could decide to bring no criminal charge, a murder charge or prosecute for a different criminal offence.
The IOPC director, Amanda Rowe, said: “This was a tragic incident and our investigators have been working hard to ensure that our comprehensive investigation has been completed without undue delay.
“Mr Kaba died after he was struck by a single gunshot fired by an MPS officer into the vehicle he was driving.
“During the investigation, the officer was advised they were under criminal investigation for murder and following the conclusion of our investigation we have referred a file of evidence to the CPS to determine whether to charge the officer.
“A referral to the CPS does not necessarily mean that criminal charges will follow. It is now for the CPS to decide, applying the tests in the Code for Crown Prosecutors, whether or not to prosecute the officer.”
Kaba’s family said: “Our family, alongside the community who have supported us over the past seven months, have been consistent in our call for accountability.
”This step forward is necessary and welcome. We urge the Crown Prosecution Service to do their bit and provide their advice to the IOPC urgently.
“Chris was so loved by our family and all his friends. He had a bright future ahead of him before his life was cut short. We must see justice for Chris.”
Police officers need to have a reasonable and honest belief that their or others’ lives are in danger before they open fire. The force they use must be proportionate, and they do not need to be right about the threat they perceive.
At the inquest into Kaba’s death in October, the IOPC said what it believed had happened when his car came to a halt: “Armed officers exited their vehicles and approached the Audi. The evidence suggests that contact was made between the Audi driven by Mr Kaba and the police vehicles.
“The evidence further suggests that officer NX121 was standing to the front of Mr Kaba’s vehicle. A single shot was fired by officer NX121 piercing the front windscreen of the vehicle Mr Kaba was driving and struck him.
“Officers at the scene provided first aid to Mr Kaba before he was taken to King’s College hospital, where he was pronounced dead at 12.16am on Tuesday 6 September 2022.”
The mayor of London, Sadiq Khan, said: “My thoughts are with Chris Kaba’s family, friends and loved ones today. Chris had his whole life ahead of him and his death has had a huge impact on Londoners, and in particular Black Londoners, with anger, pain and fear felt across communities, along with a desire for change and justice.
“It was vital that the IOPC fully investigated all the evidence before making a decision, and now that they have referred this case to the CPS, I hope it will be considered as swiftly as possible.”