A six month long investigation into a deadly shooting of a teenager by an Austin police officer has resulted in a 15-day suspension for the officer involved.
A.P.D. Officer Leonardo Quintana was suspended Wednesday not for the shooting of Nathaniel Sanders but for not turning on his dashboard camera before the incident unfolded.
"One of the things that we dread the thought of, that is the taking of a human life and it's something we do with heavy hearts and I think it's something that we do as an absolute last resort", said A.P.D. Chief Art Acevedo.
On May 11th, 2009, Officer Quintana was one of three A.P.D. officers who responded to the Walnut Creek Apartments investigating a suspicious car believed to have been involved in a previous crime.
Officer Quintana fired several shots into a parked car that Sanders and two other men were sleeping in.
Nathaniel Sandes, 18, was shot and killed. Another man with him was also injured and survived.
"My findings are that the use of force by Officer Quintana was objectively reasonable based on the totality of the circumstances as they relate to Mr. Sanders, Jr", said Chief Acevedo.
Adam Loewy, the attorney for the family of Nathaniel Sanders who are filing a civil lawsuit against A.P.D. and the City of Austin says he's not surprised by Chief Acevedo's decision saying the investigation was biased from the very beginning.
"When this case goes to trial next July it will be an open trial, it will be public and the curtain will be lifted on this entire incident and A.P.D. will have to explain to a jury why all of this does not add up", said Loewy.
Back at A.P.D. Chief Art Acevedo also announced some policy changes affective immediately regarding officers who don't turn on their dashboard cameras at incidents.
An officer who fails to turn on the dashboard camera can get between a four and 15-day suspension without pay. A second offense can mean that officer gets fired.
Failure to turn on the dashboard camera at a critical incident could mean automatic termination.
The federal trial in Officer Quintana's civil suit begins in July, 2010.
4commonsense said on November 4, 2009 at 10:12 PM
This decision by the chief is sending the wrong message to those officers who are on the streets everyday risking their lives to defend us from criminals like Sanders who prey on the good people of Austin./ / / When everything is going through your head to stay alive and make sure the bad guy doesn't harm/kill you while you try to arrest him, the last thing on your mind is to make sure that "the VCR" is running. With the millions of dollars we spend on public safety, the offices should have the equipment and training to do their job and do it well.
smokey123 said on November 4, 2009 at 10:18 PM
Could any of us make a split second decision that is "life or death" as our policemen are expected to do at any time??? He was wrong for not having his dash cam on, but he and all others in that situation have my support to use whatever force they need to protect themselves and thereby protecting us.
rjtex100 said on November 5, 2009 at 6:16 AM
It is a breath of fresh air to see a Chief of Police that stands behind their Officers when the Officers are in the right. It was long over due for our community to have to deal with reality and not just have the City Council buy people off with money.
landshark2 said on November 6, 2009 at 10:22 AM
There must be more to this story? Three men were sleep in a car, when the offier shot into the car? Sounds like murder to me!
landshark2 said on November 6, 2009 at 10:24 AM
There must be more to the story? Three men are sleep in a car. The officer shot into the car one man is dead? Sounds like murder to me!