No charges for cop in Sanders shooting

AUSTIN (KXAN) - The Travis County grand jury on Tuesday declined to indict an Austin police officer who shot and killed Nathaniel Sanders, 19, in East Austin on May 11.

(Editor's note: The APD dash cam to the left of this story shows Sir Lawrence Smith being shot outside the car moments after Sanders is shot inside the car. The man falling to the ground behind the car is Smith.)

The DA's office announced the grand jury "no-billed" Officer Leonard Quintana, which means that the jury did not find enough evidence to indict. The Travis County District Attorney Rosemary Lehmberg said Quintana's actions did not violate criminal law.

"The grand jury worked tirelessly to make a fair judgment," said Travis County District Attorney Rosemary Lehmberg.

To see statements by the involved officers and a witness, click here.

Sanders' family vowed to continue with their civil case against the department and noted that the dash cam, released Wednesday by Lehmberg, "clearly shows" that Sanders posed no threat to Quintana when he was shot.

"The Sanders family is very disappointed with the Grand Jury's decision not to criminally indict Leonardo Quintana. The evidence in this case clearly shows that Officer Quintana was shooting repeatedly from behind the Mercedes-Benz while Sanders was sitting in the car and posing no threat whatsoever to the Officer. Officer Quintana shot Sanders in the back of his head. We believe a civil jury will hold Officer Quintana accountable for his unlawful actions and use of excessive force, and we look forward to having this case heard in open court."

The long-awaited dash cam video of the fatal shooting captures Quintana saying, "Pistol 32, 32," which is the code to alert fellow officers. In a push-and-pull struggle, Quintana tried to gain control of the gun tucked away in Sanders' pants, which Quintana discovered after pulling up his shirt, Lehmberg said.

See the Travis County DA's diagrams of the scene here.

"Sanders and Quintana were reaching for it, but Sanders leaned back in a way to maintain control," said Lehmberg. "And with that, Officer Quintana back away, fearing he might get shot."

Lehmberg said the investigation found five shots were fired, all by Quintana.

See the Travis County Medical Examiner's autopsy report here.

City Councilmember Sheryl Cole offered condolences to the Sanders family and urged APD and the local community to continue "their ongoing efforts in community policing."

"We are still awaiting the report of the internal investigation from Austin Police Chief Acevedo. This report will be sent to the Police Monitor and the Citizen Review Panel before any definitive action is taken," she said. "I ask that we continue to be prayerful for Nathaniel Sander’s family and the law enforcement family involved in this incident."

And the Texas chapter of the American Civil Liberties Union said the decision would likely increase tensions between the Eastside community and the police - a relationship that is already strained after previous shootings in the sector.

"Historically, Travis County grand jurors fail to indict because they are often not provided enough evidence to do so without a doubt. In this case, the absence of video footage of the shooting incident itself certainly factors in. Audio and witness statements doubtfully paint a clear enough picture of the critical moments leading up to Quintana shooting at Sanders. Video footage did not capture those critical moments, and whether Internal Affairs rules not turning on the two videocameras or whether actions leading up to the shooting were in violation of policy remains to be seen. From our perspective, not turning on cameras at any detainment, where arrest -or worse- is a possibility, is a clear violation."

"Our thoughts are with the Sanders family today and with the eastside community in general, as this ruling likely represents to them one more detrimental notch in relations between it and APD."

Dash cam video captures the fatal shooting

Officers prepare for emotional public reaction

Starting before the grand jury's decision, the Austin police chief asked all officers who are on duty to show up to work in uniform in anticipation of an imminent grand jury decision on whether or not one of their own will be criminally indicted.

Quintana had been nominated for Officer of the Year during his 8-year career in Austin, but also was disciplined by police brass after he was charged with trespassing during a fight with an ex-girlfriend - also an Austin police officer at the time.

In anticipation of the grand jury decision, police administration began ordering all officers to show up to work in uniform and be ready to answer calls for service in case reaction on the street is tense. In the hours after Sanders was killed, neighbors protested the police - and days later, a friend of Sanders was arrested on charges of threatening to retaliated against the police.

“We want to have high visibility,” said Austin Police Department Chief Art Acevedo.

Not all sworn police officers show up to work in uniform, including investigators with desk jobs who usually do their work in business casual attire. When the department anticipates a high demand for officers, like Halloween and New Year's nights, the department will go under “tactical alert status.” This status requires all officers to be prepared to respond to any calls in uniform.

“This is more of a modified tactical-alert status,” said Acevedo.

However, Acevedo said he did not anticipate any problems when the decision comes down in the coming days but wanted to be sure the department can respond to any calls of service.

The shooting raised racial tensions between the department and members of the black community. Shortly after the shooting, some residents in the area of the apartment complex turned against officers and shouted accusations at them of racial motivations behind the shooting, since Sanders is black. Some even threw objects at police cars, breaking windows and denting doors and hoods.

Officers in riot gear showed up to disperse the crowds following the shooting.

Here is some video KXAN shot of the protesters after the initial shooting last May:

Quintana’s attorney has said the officer followed procedure in the shooting but regrets not turning on his in-car camera the morning of the shooting. The attorney said Quintana expects to be disciplined for that.

Quintana remains on paid administrative leave following the shooting, which is standard operating procedure for most police departments in situations like this.

The Sanders family has filed a wrongful death lawsuit against the City of Austin and Quintana.