Amid shooting inquiry, city calls for review by Justice Department "Nudged by activist groups that have spoken out after the fatal shooting of an unarmed man by a police officer, City Manager Marc Ott is asking the U.S. Department of Justice to review how officers’ tactics conform to city policy, and the department’s relationship with the community. The invitation comes after six officer-involved shootings — three of them fatal — so far this year, with the latest involving a detective who said he accidentally shot, sources close to the investigation say. Larry Jackson Jr.’s death on July 28 has prompted civil rights groups and his family to call for a federal inquiry. But Ott referred to his letter requesting federal help as a follow-up to a request for a policy review that led to 165 recommendations from the Justice Department, and a slew of changes at the Austin Police Department in 2009. It was not immediately clear how the federal government will respond this time, namely whether it will delve into the shootings or take a broader look at how the department adheres to policy. Ott said little about the timing of his request: “When I look back on officer-involved shootings just during my tenure, it has occurred to me … that this would be a good time to have them come back.” The request asks the Justice Department to conduct interviews with community leaders and neighborhood forums on how to improve trust and confidence in the department. Ott also stressed that the invitation was not an indication of a lack of faith in the police department. “I simply feel we need an objective set of eyes to deal with this issue,” he said. Adam Loewy, an Austin attorney hired by the Jackson family, said the Justice Department needs to do more than a review of policies and practices. “There needs to be a specific investigation into the Jackson shooting, and we intend to ask the DOJ and the U.S. attorney for it.” Mayor Pro Tem Sheryl Cole, the city’s only African-American city council member, said she supports Ott’s invitation to the justice department, but she agreed that the investigation should include a deeper look into the Jackson shooting. “We need to ask the DOJ to investigate whether the actual tactics used in this case were consistent with the policies and procedures of APD.” Assistant Chief Brian Manley, who is acting as police chief while Chief Art Acevedo has been out of town because of his mother’s death last week, said that the department welcomes and will cooperate with the Justice Department. “I absolutely think that our officers are out there conducting themselves in a professional manner in accordance with training,” Manley said. “Obviously issues happen at times, and when they do, those are the ones that we take a look at.” Ott’s letter mentions an “eroding of trust” in the community because of police shootings since 2011. “We have experienced continuing community concerns about APD actions that we fear may be eroding the trust of the community,” the letter says. “We have seen strong negative reactions to officer-involved shootings that have occurred since 2011, and numerous media stories questioning the tactics and the motives of APD officers in these and other incidents.” In the July 26 shooting, Detective Charles Kleinert told investigators that he had drawn his weapon as part of his effort to subdue Jackson during an encounter near 34th Street and Shoal Creek. According to several sources, Kleinert told investigators that during the struggle between the two, Kleinert lost his balance, fell and accidentally fired a single round. Jackson, 32, was shot once in the back of the neck. Kleinert was at the Benchmark Bank, 1508 W. 35th St., investigating a robbery that morning. Jackson, who had a previous forgery charge in Williamson County from 2003, wasn’t a suspect in that crime but Jackson showed up around 4 p.m. and tried to open the bank’s locked doors. Jackson walked away but returned a minute later and attempted to open the door again, police have said. A bank employee spoke to Jackson, and a bank manager told Kleinert that Jackson had identified himself as a customer who employees knew was not him. Kleinert spoke with Jackson briefly, police have said, before Jackson fled. Kleinert got a ride from a passer-by in his effort to find Jackson, officials said. The fatal encounter between Kleinert and Jackson happened under a nearby bridge. Sources have told the American-Statesman that Jackson had the identification of at least one person that didn’t belong to him, and police have said they have information that Jackson was at the bank to try to commit a fraud but have provided no other details. No weapon was found on Jackson, according to police. Officials have released few new details about the shooting. On Friday, they said they had identified and interviewed a man whose picture they had released to the public as a possible witness in the case but offered no additional information. In the past, police shootings in Austin have prompted concerns about how officers use deadly force, particularly against minorities. The Justice Department between 2007 and 2011 looked into whether the department was routinely violating federal laws and, although it made multiple recommendations about how the department could improve, it found “no reasonable cause to believe that APD has engaged in a pattern, or practice that violated the Constitution or laws of the United States.” That review ended with the federal agency making 165 recommendations for the department, including suggested changes in how officials review use-of-force incidents. Virtually all of those recommendations were followed, police officials have said, in areas such as officer training, internal affairs investigations and community outreach, among others. Staff writer Tony Plohetski contributed to this story. Last visit from Justice At the city’s request, the U.S. Department of Justice did a wide-ranging review of the department from 2007 to 2011 that ended with 165 recommendations. Some of the changes that APD made as a result: * Training course on ‘reasonable suspicion’ and ‘probable cause’ stops * Veteran front-line supervisors mentoring sergeants in the field for a week. * ‘Command college’ for all commanders to learn specific leadership skills. * New set of criteria for the department’s early warning program for officers who demonstrate deficiencies that might lead to bigger problems, and a new rule requiring that assistant chiefs be notified when the program cites their officers. Source: American-Statesman Fatal officer-involved shootings so far this year: 1. July 26: Larry Eugene Jackson, 32, was shot and killed in West Austin after he ran from Detective Charles Kleinert who was investigating a bank robbery. Jackson was not a suspect. 2. April 23: Herbert Babelay, 54, was killed in a confrontation with police at his East Austin home after officials say he pointed a rifle at officers responding to reports of a suicidal man. 3. March 1: John Schaefer, 70, was killed in a confrontation with an officer outside his Northwest Austin home. Source: American-Statesman"
Posted on: Tue, 06 Aug 2013 14:29:26 +0000
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