Attorney angry city will select agency

AUSTIN (KXAN) - Austin City Manager Marc Ott said he will act on the citizen review panel’s request and bring in an outside agency to investigate the deadly officer-involved shooting May 11. Ott will work with the city attorney to have an agency selected before the end of the week.

"By honoring the request, it is not…and what I emphasize is ‘not’ a confirmation that there are any problems with the investigation from my point of view,” said Ott.

The agency must present their findings before the 180-day deadline in November.

Sanders’ family feels the panel made the right decision, and stands firm on their belief Officer Quintana used excessive force when he pulled the trigger multiple times in the parking lot of the Walnut Creek Apartments.

The attorney representing Sir Smith, the gun shot victim who survived, said the city’s selection process is flawed.

"We've got a process where the only people who get to input into the selection of the independent investigator are parties who have dogs in the hunt,” said Edmund “Skip” Davis, Smith’s attorney.

In an e-mailed statement, the panel recommending an outside agency was “in the best interest of the community and will increase the community’s trust in the investigative process.” The only way to build community trust and ensure transparency, as far as Davis is concerned, is to let all of the players in the case come to an agreement on an agency.

"The way to fix this as far as I can tell, at this late stage of the game, is to let everybody come to the table,” said Davis.

He and the Sanders’ family attorney have openly disputed some of the evidence shared by the Travis County district attorney after Officer Quintana was cleared of criminal wrongdoing by a grand jury.

"Chief [Art] Acevedo from day one has been saying this is a good shoot, that's using his language, since day one,” said Davis. “Even though his investigative team didn't complete their investigation until after 3 weeks was concluded."

For now, the city will move forward. There have been three independent investigations granted since the city police monitor’s office was created in 2002.

"I made my decision out of respect for the critical role of the citizens’ oversight panel and the confidence that the Austin community has in the process,” said Ott.

The last three investigations have cost an average of $50,000 each. The city said the money was already set aside in the police monitor’s budget.