Roger James was killed by a Travis County deputy on Monday, Dec. 28, 2009. (DL photo)
Updated: Tuesday, 29 Dec 2009, 11:10 AM CST
Published : Monday, 28 Dec 2009, 6:24 AM CST
AUSTIN (KXAN) - Chief Art Acevedo said law enforcement officers followed department policy to the letter when they shot and killed Roger James, 38, during a domestic call in Southwest Austin early Monday morning.
Acevedo said he believed James was trying to force police to shoot him because he was despondent about an upcoming court case.
Acevedo and Captain Art Cardenas with Travis County Sheriff's Office said a domestic dispute lead to 38-year-old James being shot and killed by a Travis County Sheriff's deputy early Monday morning. Both an Austin police officer and a Travis County Sheriff deputy fired a shot each at James after he reportedly aimed a semiautomatic pistol at them.
Acevedo said James had a pending court case that he had told his girlfriend he was not going to attend. According to a call into the district clerk's office, James was facing a charge of indecency with a child.
Austin police and Travis County Sheriff's Department responded to a family disturbance call off Johnny Weismuller Lane around 3 a.m. on Monday. A woman told dispatchers she had locked herself in a bathroom because she was afraid of her boyfriend, who was being abusive. The woman called back about six minutes later to tell dispatchers her boyfriend had gotten into that room and that she feared for her safety.
Acevedo, who had reviewed the tapes of the phone calls, said the victim had called 911 several times. At times, James allegedly could be heard in the background on the tape, yelling in the background and attempted to knock down the bathroom door. Officers who arrived in the scene were told James had a rifle. Acevedo added although the home is in APD jurisdiction, Dep. Ramsey was closer and arrived at the scene first.
Dashcam video show the suspect warning to cops to "get back," Acevedo said. James left the house he shared with his girlfriend, carrying a chrome revolver and approached the officer and deputy. The Austin police officer fired at him and missed., Acevedo said. The Travis County deputy shot one round and hit James in the chest.
"I think the composure of these officers is a testament to the professionalism of the law enforcement in the Central Texas community," said Acevedo.
Neighbors said the couple, in their 30s, never presented a problem. Neighbor Ros Martin said nothing about the couple would have raised red flags or provide reasons for concern.
The officer and deputy have been placed on paid administrative leave pending the outcome of an internal investigation. Texas Rangers will assist in the investigation, which is part of TCSO standard proceedure.
The Austin Police Department and Travis County Sheriff's Office
say the law enforcement involved did everything by the book and
that the man who was killed had just beat up his girlfirend.
The preliminary investigation shows one shot was fired APD
officer Justin Berry who had less than two years experience. Police
believe he missed James. The other shot was fired by eight year
Travis County Sheriff Deputy veteran, Theodore Ramsey and hit James
in the chest when he came toward the two with a semi automatic
pistol.
"He is 24 years old with less than two years of service. Officer Berry, who had just been involved in an officer-involved shooting, immediately runs to his patrol car and gets his pocket mask and starts CPR," said Acevedo.
New APD Policy changes mean a Sergeant not a Detective will be
heading up the internal affairs investigation. The other thing that
is different is that APD officers are now required to turn on their
dash cameras for domestic violence calls whereas before it would
have been up to the officer's discretion.