Sanders lawsuit proceeds to court

AUSTIN (KXAN) - The wrongful death lawsuit filed by the family of Nathaniel Sanders will continue after a 4-3 vote by the city council rejecting a settlement in the case.

Some legal analysts said council members took a gamble by not approving the settlement, since the burden of proof in a civil case is much less than in a criminal trial.

"What the plaintiff has to prove it that it was more likely than not that someone breached a contract or someone was negligent," said Austin attorney Mike Golden.  "In a civil case- the burden is much lower."

Golden is not involved in the Sanders case, but said attorneys for the Sanders family will likely argue that Officer Quintana was negligent when he fired his gun. They do not have to prove his actions were criminal.

"In a civil case, all you're really trying to prove is that its just more likely that the plaintiff is right versus the defendant," said Golden.

A Travis County grand jury said Quintana's actions were not criminal and an APD internal affairs investigation came to the same conclusion. An outside review of the case by Keypoint Governement Solutions concluded that Quintana used excessive force and that his actions were reckless.

"This has been a very very difficult case and I am disappointed that we still will have to potentially deal with it," said Council member Sheryl Cole, who voted in favor of a settlement.

She said council members initially asked city staff to come to a settlement agreement prior to voting it down.

"Its unprecedented- we are in uncharted waters because we simply have not done that before because usually the discussion usually happens up front," said Cole.

Both sides have said their arguments are not about money- but money is something Golden said they both have to consider.

"Of course you have costs- the city has the time of their attorneys the time of the police officers involved the time supervisors and managers will be involved- you have the publicity of course- and the risk of losing," said Golden.

There are options other than trial. The Sanders' attorney could request a sanction to punish the city for backing out of the tentative deal. Both sides could end up battling it out in civil court or the city also could avoid trial by offering a new settlement. The Sanders' family also has the option of dropping the lawsuit all together.