"CONTINUING COVERAGE: POLICE SHOOTING Family of man fatally shot by officer files federal lawsuit Posted: 9:45 p.m. Tuesday, Sept. 17, 2013 BY TONY PLOHETSKI - AMERICAN-STATESMAN STAFF, KVUE NEWS The family of a man chased and fatally shot by an Austin police detective in late July filed a wrongful death lawsuit Tuesday in U.S. District Court against the officer, Charles Kleinert, and the city of Austin. The shooting of Larry Eugene Jackson occurred at the end of a chase that began at a central Austin bank, where Kleinert had been investigating an earlier, and unrelated, robbery. The eight-page lawsuit makes numerous claims against Kleinert, including that he used racial profiling to focus on Jackson, that he violated police pursuit policies and that he used unnecessary force. Sources have previously said Kleinert told investigators that the shooting was accidental. The lawsuit does not seek specific damages. It was filed by Austin attorney Adam Loewy on behalf of Jackson’s parents, Larry Mercer and Billie Mercer, who could not be reached Tuesday. During the past six years, Loewy has represented the families of three men fatally shot by Austin police. “I think this is the worst police shooting that this city has ever seen,” Loewy said. “The evidence is overwhelming that this detective committed a criminal act. It is that serious, and I am very confident we can make the case of excessive force.” Austin city officials declined to comment Tuesday night because they had not yet seen the suit. The American-Statesman in collaboration with KVUE News obtained a copy of the lawsuit Tuesday after Loewy filed it with the court. Loewy has planned a news conference for today to discuss the filing in more detail. The lawsuit describes what happened in the minutes before the shooting, but the details and specifics differ from those previously released by the police department. Loewy said he has received information from witnesses in the case, but he declined to elaborate. The shooting remains under an internal affairs and criminal investigation. Prosecutors are to begin presenting evidence to a Travis County grand jury in the next few weeks. According to police, Kleinert was at the Benchmark Bank near 35th Street and Shoal Creek on July 26 to investigate a robbery that day. Jackson showed up around 4 p.m. and tried to open the bank’s closed doors. He walked away, but returned minutes later, drawing the attention of the bank staff. After speaking to Jackson, a bank manager told Kleinert that Jackson had attempted to use the name of a bank customer who employees knew was not Jackson. Kleinert then attempted to question Jackson. Police have said that Jackson began running and that Kleinert chased him, at one point getting a ride from a civilian. The American-Statesman, quoting anonymous sources, reported Aug. 3 that Kleinert told internal affairs investigators he had drawn his weapon in an attempt to subdue Jackson and that the gun accidentally fired as the two struggled. Jackson was shot in the back of the neck. In the lawsuit, Loewy said that Jackson went to the bank “to conduct a banking transaction” that the suit does not describe. Kleinert went outside and “angrily confronted Jackson,” asking at one point “why he (Jackson) was in this specific part of town (a predominately white area).” According to the suit, Jackson got scared and left. “Kleinert then went into a state of rage and decided to pursue Jackson on foot,” the suit said. Hitching a ride with an unnamed civilian, Kleinert caught up to Jackson. “Kleinert grabbed Jackson and began to rough him up,” the suit alleges. “Jackson eventually turned and attempted to get away from the enraged Kleinert. Kleinert then unholstered his duty weapon and shot Jackson.” The suit continues, “Kleinert was never in imminent danger and admitted as much under oath in an internal affairs interview. … Kleinert tracked Jackson down without backup or radio communication in clear violation of APD policy. Kleinert’s actions were criminal in nature and without question constitute excessive force.” Austin city lawyers in coming months will likely decide whether to settle the case, which would require City Council approval, or to take it to trial. Since 2007, Loewy has obtained a combined $1.75 million in city settlements to the families of two men fatally shot by Austin police. Most recently, however, city lawyers took to federal court the case against the city involving the shooting death of Byron Carter Jr., and the city prevailed. Statesman and KVUE This story is reported in partnership with KVUE-TV. See more of Tony Plohetski’s investigative reports online at MyStatesman and on air at KVUE. Lawsuits brought by Loewy Attorney Adam Loewy has represented families of several people fatally shot by Austin police: Byron Carter Carter was a passenger in a car that police said struck and injured an officer in May 2011. An officer fired at the car, killing Carter. The case went to trial in U.S. District Court. A jury ruled in favor of the city of Austin. Nathaniel Sanders Sanders was fatally shot in May 2009 by officer Leonardo Quintana after the two struggled for a gun that Sanders, who had been asleep in a car, had at his waist. In a controversial move, the Austin City Council approved a $750,000 settlement to the Sanders family. Kevin Brown Brown was fatally shot by Sgt. Michael Olsen in June 2007 during a foot chase in which police said Brown reached at his waist as if drawing a gun. Olsen was fired, and the city settled the lawsuit for $1 million."
Posted on: Wed, 18 Sep 2013 12:26:24 +0000
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