A Second Look Is Needed : Federal authorities should review police shooting of Samoan brothers

The U.S. Department of Justice should take a look at the case of the Compton police officer who was tried in the killings of two Samoan brothers whom he shot 19 times after he responded to a domestic-abuse call. Federal authorities should consider a civil rights prosecution.

The officer, Alfred F. Skiles Jr., had been charged with voluntary manslaughter in the deaths of Pouvi Tualaulelei and Itali Tualaulelei. A Superior Court jury could not reach a decision in the trial; nine jurors favored acquittal. Earlier this week, the judge refused to order a new trial. However, the ruling clears the way for the possibility of a federal prosecution.

Members of the Samoan-American community have argued that negative stereotypes about the large size and supposed strength of Samoans have resulted in police mistreatment. A federal inquiry is needed to determine whether such ethnic stereotypes were a factor in the two killings.

During the trial, Skiles claimed self-defense. He testified the brothers had attacked him and one had reached for his pistol. A younger brother who said he had watched the incident from a kitchen window testified that the officer ordered the two men to kneel, shot them, reloaded his gun and shot them again. According to the autopsy report, the brothers were shot in their backs and from the side.

Shortly after the shooting on Feb. 12, 1991, the Federal Bureau of Investigation opened a preliminary investigation, which remains open. That is the first step in determining whether federal authorities will pursue a civil rights prosecution.

Federal authorities can proceed despite the state court prosecution because the Supreme Court has ruled there is no violation of guarantees against double jeopardy when there is no vindication of the public interest. A similar federal civil rights prosecution is contemplated in the Los Angeles police beating of Rodney G. King.

Everyone in this nation is entitled to equal justice under the law. Federal authorities must ensure that every person, regardless of race or ethnicity, receives just that.