Austin Police Chief Art Acevedo Wednesday announced the officer who shot and killed Nathaniel Sanders in Central East Austin in May will be suspended. The announcement comes on the heels of a discipline hearing, which began Wednesday morning.
Officer Leonardo Quintana will be suspended for 15 days for violating departmental policy and not turning on his dashboard camera. One of the two other officers who responded to the scene, Officer Mohammad Siddiqui, was also suspended for three days for not activating his car's dashboard camera.
"That failure to not have that mobile vehicle recording device on created a fire storm of controversy that not for that failure would've existed, and that was in my estimation a serious policy violation," Acevedo said.
Dashboard camera video from a third officer's patrol car shows Quintana firing his gun multiple times into the back of a parked car. Sanders, 18, who was in the car, was hit and killed.
A grand jury cleared Officer Leonardo Quintana of any criminal charges.
During an afternoon news conference, Chief Acevedo said a thorough analysis of the facts led him to conclude that the use of force against Sanders was reasonable.
"I think it's important for people to understand that the use of force -- to me the most important piece of this incident -- is whether or not Officer Quintana was justified in shooting, and I will say that anybody that looks at the totality of the facts (that) would say that he was not entitled to defend himself, I would say they're not being honest with themselves, and, quite frankly, I don't think they're being reasonable," Acevedo said.
Quintana was also exonerated of charges that he failed to identify himself as a police officer. Acevedo said Quintana was wearing a distinct uniform with a badge and all of the required patches and that a reasonable person would have recognized him as an officer.
As a result of the Sanders shooting, new policies went into effect Wednesday regarding the use of dashboard cameras. Officers must now use them more often. Also, if they are found to intentionally not turn on their cameras in serious situations like what happened in the Sanders case, they will receive an indefinite suspension.
Last week, KVUE News reported that police were conducting their own investigation into the internal affairs officers who handled the initial investigation. That comes in response to an independent review that found APD's internal affairs report showed bias toward the officers involved.
Acevedo had until November 7 to make his decision. Quintana has 10 days to appeal his suspension.
countryboyaustin said on November 4, 2009 at 4:36 PM
The boy was a criminal! This is really stupid!
eyeamtheone said on November 4, 2009 at 4:37 PM
So he is suspended for not turning on the camera? Ok, then this issue is over. As long as he is NOT suspended for protecting his life & those of us who support our officers. Nothing is gonna change the fact WE ALL are better off without the violent, drug-fueled, gun-toting home grown terrorist Sanders running loose on our streets.
eyeamtheone said on November 4, 2009 at 4:43 PM
A violent drug-fueled, gun-toting criminal. So the suspension is for not turning on the camera? OK, issue over!
randyfraga said on November 4, 2009 at 5:09 PM
This kid was a thug. The officer did what he should have to protect himself. The family does not deserve to get a dime from the city for wrongful death. It wasn't a wrongful death. The family needs to get over this and the NAACP needs to stop egging this on.
oldsragtop said on November 4, 2009 at 5:14 PM
Think how much easier it would be on an officer if the dashboard cam automatically came on when the red lights started flashing. Shouldn't they be able to figure out how to do this?
busymom said on November 4, 2009 at 5:20 PM
This is a sad situation and testament to what drugs and violence will do for you. It's a disservice for the media to fuel the fire of this argument by portraying Sanders as the clean cut kid he used to be instead of showing the truth of the gun toting, drug-fueled criminal he became and was at the time of his death. Sanders chose the life. It's a shame that his family is left to pick up the pieces and grieve the boy they lost, but it was a loss the man that boy grew up to be caused. Bonnie and Clyde probably had really cute school pictures, too! I don't agree with the suspension of the officer, however I DO agree with enforcing dash camera use in every instance. It would have portrayed what really happened in this case and the discussion would have ended long ago.
countryboyaustin said on November 4, 2009 at 5:22 PM
These cops are doing a job. They are dealing with thugs and not only do they have to be worried about getting shot by a drug dealing gang member but they also have to remember to do things to protect them from the angry parents who didnt raise the kid right in the first place!
humveewayne said on November 4, 2009 at 5:33 PM
If people would just do as the law officer asks them to do alot of this stuff would now end badly. Don't runaway, don't speed away, don't pull a gun, knife etc. Just do as you are told. Simple. The Sanders family should not receive any restitution of this as their son was not in the right place and not doing the right thing. Punish the officer for not having his camera on and let's get on with life.
rabbit1 said on November 4, 2009 at 5:36 PM
This is a case of bad parenting. Now because they couldn't or wouldn't raise their child in the right way, they expect the city to pay them. NO WAY
americandreamo5 said on November 4, 2009 at 5:38 PM
A sensible decision by the Chief. The issue was not the shooting of Nathaniel Sanders who was already well on his way to becoming a full-time criminal and threat to the rest of the community. The issue was whether or not Officer Quintana followed department policy. He didn't, and he was appropriately disciplined. The Chief suspended Officer Quintana for the maximum amount of days allowable under Civil Service law without the Officer's consent. His only other alternative was to indefinitely suspend (fire) the Officer and that would have been wretched excess. Now let's hope that the City Council and the City Attorney's Office don't give away another $1,000,000 of taxpayer money to this young hoodlum's family!
texasturbo said on November 4, 2009 at 6:25 PM
First of all fellow Texans least we forget. This is Texas, and people tote guns everyday. So not all of them are criminals toting. Clearly this neck of the woods is over runned with criminal activity. Where, Nate Sanders got shot. So if the late Nate Sanders had a gun. Why did he get shot??? Prob, cause he intended to be a thug and pointed the gun at the officer. Suspending this officer I hope it's with pay...... The man did his job and, least we forget police officers are like you and me. They have family, kids etc. How bout the stress he's going thru ehh...
cedar8888 said on November 4, 2009 at 9:34 PM
This is ridiculous. It is rewarding the ghetto trash people who started a riot after the shooting and damaged lots of police cars. I am so glad that Officer Quintana got this thug off the streets permanently. Austin should send the bill to the Sanders family. They are one dysfunctional family.
countryboyaustin said on November 4, 2009 at 11:42 PM
This man attended his sons Funeral In RED can YOU SAY BLOODS? They are Gang MEMBERS PEOPLE!
lanac said on November 4, 2009 at 11:49 PM
This is an aside, but there should be some automated system for turning on the video cameras. Maybe when the lights and sirens go on, maybe continuously, whatever. The video shouldn't be one more thing for a cop to have to remember all the time. Just have them running.
flattop1 said on November 5, 2009 at 10:03 AM
This is really pitiful. A police officer doing his job to the best of his ability and now gets a suspension just because he failed to turn on his dash-cam. The world is a better place with police officers like officer Quintana out to protect and serve the community. The world is also a better place now that a gun toting criminal has been removed from society and rightfully so. To the Sanders family you raised a son that had no regards to society and you expect our city to pay you restitution. Get over it and to the NAACP stop the insanity.
musikman said on November 5, 2009 at 10:41 AM
Remember the saying " the way you live, is the way you die" and in this case, it sits well. People like that have no regard for YOU, ME or SOCIETY (just there G Homies). We don't need someone like that wondering around and ploting about who he's going to "HIT" next. Justice has been served, let's move on.
davb55 said on November 5, 2009 at 2:47 PM
this is really stupid the kid had a very active criminal background... the kid was guilty..guilty..