NAACP questions Sanders investigation

AUSTIN (KXAN) - NAACP of Austin is concerned about the motivation behind the independent investigation of the police shooting of Nathaniel Sanders Jr., 18.

NAACP says the main focus of the Nathaniel Sanders shooting investigation should be the policies and procedures, still used by the Austin Police Department and whether or not they are in compliance with the recommendations of the U.S. Department of Justice.

Last December, the Department of Justice sent APD a 50 page report outlining changes should be made in the Use of Force policy.

"These are very serious recommendations we know thus far they have not been implemented,” said Linder.

Still Police Chief Art Acevedo said the Police Department takes the recommendations seriously and will be moving forward with a new plan.

“That is a very in depth report that requires a lot of action,” said Acevedo. “You cannot do these things piece-meal. What you do with one step impacts another recommendation so we are very close to being able to complete that process. We are probably a month or two away.”

The NAACP says they want to know if police officer Leonardo Quintana violated the 4th and 14th amendments of the US Constitution by shooting Sanders. NAACP is also concerned about transparency in the process used to select the firms that will conduct the independent investigation.

"The checks and balances are imbalanced and weigh too heavily in the City of Austin favor," said Nelson Linder, President, NAACP of Austin President.

Austin City Manager Marc Ott, who hired Colorado-based KeyPoint, issued a statement Monday afternoon:

"I certainly respect that an issue such as this is going to engender varying points of view among members of the community. The Citizen Oversight Panel is an idea that has been embraced by this community and I stand by my decision to honor their request," Ott said. " As I stated last week, I am confident in the City’s choice of firms to perform this investigation and trust their ability to complete a thorough review of this case."

On August 4, 2009 a Travis County grand jury declined to indict Quintana. Then on August 19, a citizens review panel requested an independent investigation into the police-involved shooting death of Nathaniel Sanders.

That was less than 24 hours after the Austin Police Department's internal affairs report on the shooting was presented by Police Monitor Cliff Brown to the five-member citizens panel.

Linder also claims the police chief isn't being up-front with the public.

 

"Tell us whether or not this officer used excessive force thus far we have not gotten a direct answer on that issue,” said Linder.

 

However, we caught up with Police Chief Art Acevedo who has no problem telling us he believes the shooting was justified.

 

"Based on my training and experience, it was a lawful shooting and I think no matter how many entities review that I don't see that changing,” said Acevedo.

 

Acevedo said the FBI is also reviewing the case.

 

Key Point has until late-September to finish their investigation.

Here is raw video from Nelson Linder's news conference: