Back in June 2009 we highlighted an officer involved shooting. Our goal was observe some of the shooting’s long term effects. As we mentioned in our first article on the Austin PD shooting, surviving means you have to win not just the initial physical combat but also the legal, career, and emotional battles that continue to occur long after the shooting stops.
Here is an update of those events and the battles that are still being fought.
Legal Battles
Grand Jury Decision
On Wednesday, August 5th, the Travis County Grand Jury no-billed Officer Leonardo Quintana for the shooting. The Grand Jury consisted of 4 Hispanics, 4 Anglos, 3 African-Americans, and 1 Asian. After the Grand Jury adjourned, the District Attorney, Rosemary Lehmberg, released most of the evidence which is listed below.
Facts of the Case / Evidence
- As Officer Quintana followed the Mercedes into the apartment complex, dispatch verified that the vehicle was involved in criminal activity and the occupants could be armed.
- The driver, Michael Franklin, got out and was detained by Quintana. He secured Franklin in the back of his squad.
- Backup Officers Alex Hitzelberg and Mohammad Siddiqui arrived. Of all three squads, only the video camera in Hitzelberg’s was recording.
- Officers approach the Mercedes and Quintana attempts to wake Nathaniel Sanders, asleep in the back seat, with a sternum rub.
- Quintana raises Sanders’ shirt and discovers a gun tucked in the waistband. The audio of Hitzelberg’s videotape records that Quintana alerts other officers of the gun as Quintana and Sanders struggle over it.
- Quintana moves to the rear of the car and begins firing. Two out of three rounds hit Sanders, one in the shoulder and one in the back of the head.
- The front passenger Sir Smith exits the vehicle and runs in a crouched position with his hands at his waistband toward Quintana. Quintana fires twice, hitting Smith once in the upper chest.
- The Austin American Statesman provides an excellent graphic depicting the positions of the vehicles and the location of Quintana as he fired.
- A handgun with one live round of ammunition was found in Sanders seat. Sanders’ Toxicology Report revealed cocaine, marijuana, and alprazolam (Xanax) in his system.
Wrongful Death Suit
On June 3rd Sanders’ family filed suit against the City of Austin in U.S. District Court. The attorney, Adam Loewy, represented the family of Kevin Alexander who was fatally shot by an Austin PD Sergeant in 2007. That suit was settled for 1.5 million dollars.
This suit alleges Quintana overreacted and without justification shot Sanders. It also alleges bad practices by the department contributed to the shooting including:
- Inadequate supervision concerning use of force.
- Use of excessive deadly force against minorities.
- Inadequate training of officers on how to approach sleeping subjects.
Loewy is critical of the grand jury after their no-bill and questions why the struggle over the gun is not heard on the videotape and why he has not seen evidence of the gun found in Sanders’ seat.
Federal Inquiry
The Sanders’ family attorney stated they are filing a formal complaint with the civil rights division of the U.S. Department of Justice. The DOJ has recently investigated Austin PD and in 2009 released recommendations for improving use of force reviews by supervisors.
Career Battles
Reaction by the Chief
Officer involved shootings not only affect the career of the officer but also the chief. Former Police Chief Stan Knee faced both community and officer backlash for shootings during his nine year tenure. In 2005 police union officials called for his resignation because he fired an officer who shot and killed a suspect when she accidently grabbed her firearm instead of her TASER. Correction: The officer lost her TASER during the struggle and shot the suspect because she thought he had her TASER. She was found negligent partly because she was not carrying the TASER in a department approved holster. Thanks to Jerry Staton for that information.
Community leaders gave Chief Art Acevedo good marks for his initial response to this shooting. His response was different from past chiefs by arriving at the shooting scene and giving detailed accounts of the incident soon after instead of just basic facts. Despite the riot squad being called out and Acevedo himself dodging a thrown bottle, they say that his actions kept resident’s tempers from flaring even further. He gave a press conference at the shooting scene and soon after participated in an interview with NAACP President Nelson Linder. On May 20th, he released the 911 tapes.
On June 1st, city officials held a community forum to answer questions about the shooting. During this forum Chief Acevedo apologized to the Sanders’ family for the delay in removing his body from the scene. (Sanders’ body remained at the scene for about five hours, uncovered for some of that time, and that contributed to the tension of local residents.) Acevedo also answered questions from the crowd of 400. Many of those questions revolved around the lack of recordings from squad car video cameras.
Internal Investigation
Internal Affairs will turn their completed investigation in to the police monitor’s office on August 11th. Squad car video cameras not being on will probably be a central issue in the investigation.
Other Issues
Video Cameras
The lack of video from two of the three squad car cameras has become a major issue in this incident. The Austin American Statesman Editorial Board, the NAACP, and the ACLU have all called for accountability for this fact. The Statesman reports that this is the “third controversial shooting in which lack of videotape evidence sparked community anger”.
On May 23 Assistant Chief Al Eells stated that checks have not revealed widespread problems with officers not turning on their cameras. But on July 2nd, the department advised that they were revising their camera policy to include any incident where officers try to detain or stop a suspect, not just traffic and pedestrian stops. Chief Acevedo states that there will be more severe discipline for officers that display willful disregard for the video camera policy.
Racial Tensions
On May 16th, Michael Franklin (driver of Mercedes) and Sir Smith (front seat passenger) meet with New Black Panthers then hold a press conference. Franklin states that Sanders and Smith were asleep when they were shot and that officers are lying.
On May 27th, the NAACP hosts a meeting in East Austin to discuss issues related to the shooting.
NAACP President Nelson Linder stated that he did not have faith in the District Attorney’s Investigation and had more faith in the police department and police monitor’s office.
Gang Response
The day after the shooting Ellis Ingram IV called 911 seven times from two cell phones. During these 911 calls Ingram threatens to kill officers in retaliation for Sanders death because he was a fellow Bloods gang member. The phone calls include false officer down calls and false bomb calls. On May 15th he is arrested and charged with making a terroristic threat. On June 6th, Austin PD charges Ingram with making a false report in addition to terroristic threat.
Sanders’ family repeatedly denies he was a gang member.
Reference Links
Officer not indicted in Sanders shooting by The Austin American Statesman
Travis County District Attorney Press Release
Autopsy and Toxicology Report of Nathianel Sanders
Michael Franklin’s Sworn Statement
Officer Mohammad Siddiqui’s Sworn Statement
Officer Alex Hitzelberg’s Sworn Statement
District Attorney’s Diagrams of the Shooting
Arrest record for Nathaniel Sanders
Arrest record for Sir Smith
Webpage on this shooting that we keep updated as new events occur
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Solution….Officers do not be proactive. Let the communities you work go to hell! Let the community leaders and the communities they protect be victimized by the very criminally minded individuals they protect.