Tuesday, January 24, 2012

Austin Police Department’s Attempt To Hide Citizen’s Panel Ruling Against Officer In Fatal Shooting Failing


Austin, Texas

An independent citizen’s panel reviewed evidence in the fatal shooting of a man by an Austin police officer last May. After reviewing the evidence, the panel recommended that the officer be fired.

However, that opinion has remained secret since being sent to Police Chief Art Acevedo late last year, and it stands in contrast to public statements that Acevedo has made about the death of Byron Carter Jr.

In fact, following the fatal shooting, Acevedo defended the actions of Officer Nathan Wagner. According to the chief, Wagner appeared to be within state law and departmental policies. In a recent interview, he said that he has seen no additional information that "would cause me to retract any previous statements."

A Travis County grand jury will review the case this month.

According to police accounts of the incident, Wagner shot Carter, 20, on May 30 east of downtown Austin after a car in which Carter was riding charged toward Wagner and his partner, Officer Jeffrey Rodriguez. The car struck Rodriguez, who was treated for a ruptured Achilles tendon but has since returned to regular duty.

Minutes before the shooting, police have said, Carter and his 16-year-old companion were walking along East Seventh Street when Wagner and Rodriguez, who were looking for car burglars, began following them.

Police said they were acting suspiciously but have not explained those suspicions other than to say that Carter and the teen appeared to be "casing out the area."

Carter and his friend then got into a car that raced toward the officers, police have said. Wagner shot Carter four times, including once in the head, and shot the teen driver of the car in the arm. The teen recovered from the wound. A grand jury did not indict the teen on any charge.

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