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APD discipline hearing underway for Quintana

by JESSICA VESS / KVUE News

Bio | Email | Follow: @JessicaV_KVUE

kvue.com

Posted on November 4, 2009 at 12:36 PM

The fate of an Austin police officer who shot and killed a teenager this past May could be decided as early as Wednesday.

At 10 a.m., the discipline hearing for Officer Leonardo Quintana began. APD officials expect the hearing to last several hours.

At the end Chief Art Acevedo will decide what if any disciplinary action Quintana will face.

Quintana shot and killed Nathaniel Sanders, 18, in May 2009.  A grand jury cleared the Quintana of any criminal charges, but he still could face discipline within the department.

Dashboard camera video shows Quintana firing his gun multiple times into the back of a parked car. Sanders was inside that car. The bullets hit and killed him.

However, the only video of that shooting is from a back-up officer's patrol car. Quintana never turned on his own camera. According to departmental policy, it should have been recording.

An internal affairs review found Quintana never broke policy.

The City of Austin ordered an outside investigation. Results of that investigation showed flaws in APD’s internal review.

"I think it’s overwhelmingly clear at this point that the entire investigation is botched. The entire investigation was seeking one result and that was to protect and to exonerate this officer. It was not seeking the truth," said Adam Loewy, Sanders’ family attorney.

Chief Acevedo will hear the full reports during the hearing. They could be released publicly after he makes his decision regarding Quintana’s fate within the department.

Chief Acevedo doesn't have to make a decision until November 7 -- the 180-day deadline departmental policy gives him to make a decision.

Prior to the hearing Wednesday morning, Loewy said he would wait until the announcement before speaking publicly on the family’s behalf.

There is pending litigation against the city in the shooting. Loewy says the family will wait for Chief Acevedo’s decision before moving forward with any lawsuit.

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