APD detective in fatal officer-involved shooting retires

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by TONY PLOHETSKI / KVUE News and KVUE.com

Bio | Email | Follow: @tplohetski

kvue.com

Posted on October 22, 2013 at 5:13 PM

Updated Wednesday, Oct 23 at 9:59 AM

AUSTIN -- KVUE News and our partners at the Austin American-Statesman learned Tuesday the Austin police detective involved in a deadly officer-involved shooting earlier this year is retiring effective immediately.

Larry Eugene Jackson was fatally shot shot by Austin Police Detective Charles Kleinert July 26 near the Benchmark Bank at 35th Street and Shoal Creek. Austin police say Jackson went to the bank to possibly pass a forged check. Jackson’s family maintains he was there on legitimate business.

APD said when Kleinert went to question Jackson, he took off running. When Kleinert caught up with Jackson, he told superior officers that the two struggled. Kleinert reportedly told Austin Police Department Internal Affairs investigators that he did not mean to shoot Jackson in the back of the neck during a struggle.

Earlier this month members of Jackson’s family and their attorneys asked an APD Citizen Review Panel and police monitor to recommend to APD Chief Art Acevedo that he fire Kleinert.

Before Kleinert's retirement announcement, APD still had an active internal affairs investigation into the fatal shooting. However, APD Chief Art Acevedo released the following statement Tuesday saying that investigation is now closed:

"At approximately 4:30 p.m. APD Detective Charles Kleinert notified the Department that he had retired effective immediately," said Police Chief Art Acevedo.  "As a result of Detective Kleinert’s retirement, the APD internal Administrative Investigation will be closed.  The criminal investigation remains pending with the Travis County District Attorney’s Office."

Kleinert had been on paid leave pending the outcomes of APD's investigation and a civil suit alleging that Kleinert engaged in racial profiling, used excessive lethal force, and violated Austin police policy in the death of Jackson.

A lawyer for Kleinert released the following statement Tuesday regarding his retirement:

After twenty years of service to the citizens of Austin, Detective Trey Kleinert decided today to retire from the Austin Police Department. He has been honored to serve with APD for these many years and is proud of his accomplishments. The Kleinert family feels for the Jackson family for their loss, but is steadfast in his belief that he acted appropriately and looks forward to working with law enforcement and the district attorney’s office while they investigate this most unfortunate event.

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