Panel requests review of Sanders case

AUSTIN (KXAN) - A citizens review panel has requested an independent investigation into the police-involved shooting death of Nathaniel Sanders.

The decision comes 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.

The police monitor’s office has notified the city that the panel is requesting an outside investigation.That investigation must be completed within 180 days of the shooting.

“The city manager (Marc Ott) has not received it yet, but when he does he is expected to honor the request," said spokeswoman Nicole Sherbert.

When that happens, Ott will give direction to the city’s law department to work with Monitor Cliff Brown to appoint an outside agency to conduct the investigation.

The request had yet to be presented to Police Chief Art Acevedo.

"We have not received any request or information, however based upon the nature of the incident and past history, I would not be surprised if such a request were made," Acevedo said. "We anticipate hearing from the panel within the next day or two."

Acevedo had a week to review the report. The citizens review panel can also weigh in on the report and any possible disciplinary action against Austin police officer Leonardo Quintana. A Travis County grandy jury cleared Officer Quintana of criminal charges for using deadly force.

Attorney Adam Loewy, who represents the Sanders family, also issued a statement.

“The panel made the correct decision in requesting an independent investigation. The evidence clearly shows that Officer Quintana employed excessive force when he shot Nate Sanders Jr in the back of the head while he was asleep," Loewy said. "We look forward to the results of this investigation and look forward to having this entire case heard in open court.”

The citizens review panel could have taken a number of actions:

• Accepting the findings and agreeing with the recommendation(s) of Internal Affairs.
• Calling for further investigation by the Austin Police Department.
• Finding that department policies need review and/or change.
• Seeking an independent investigation into the case.
• Making a written, non-binding recommendation on discipline.

Before the five members on the panel poured over the report, community members stepped up to the podium inside city council chambers hoping to have an influence on the process. Sanders' family  remained seated.

"I'm standing here as a mother," said Sylvia Benini with the Austin Center for Peace and Justice putting herself in their position. "He [Nathaniel Sanders] was asleep in a car and he was never given a chance to wake up and surrender."

A back-up officer's dash cam video showed Officer Quintana shooting Sir Smith, another man who was in the car with Sanders, who survived a gun shot wound. His mother stepped up to the microphone.

"When Sir jumps out of the car to run and take cover because somebody is shooting at him," said Velma Smith. "I think he acted appropriately, but not Officer Quintana."

Smith's attorney wants the panel to recommend an outside agency step in and review the situation. The Sanders' family wants the same outcome.

"Send it outside to another independent agency to do it," said Skip Davis, Sir Smith's attorney. "They don't have a dog in the hunt."

The crowd did not stay quiet regarding the consequences an officer should face for failing to turn his dash camera on.

"I request respectfully that should be an automatic firing of that officer," said Benini as the audience broke out in a loud applause.

The police chief will consider the panel's recommendations but has ultimate authority in determining any disciplinary action.

Here are a couple of videos of speakers at the meeting. More is available on the KXAN.com channel on YouTube: