APD shooting results in suspension

AUSTIN (KXAN) - Chief Art Acevedo announced Wednesday that Officer Leonardo Quintana will get 15 days suspension from duties for violating the department's dash cam policy during the Nathaniel Sanders shooting in May.

Quintana failed to turn on his dashboard camera during the stop, resulting in a lack of video of the deadly shooting. That, Acevedo decided, was a violation of police policy - though he said the use of force was "reasonable."

Quintana's back-up officer in the incident, Mohammad Siddiqui, received a three-day suspension for failing to use his dash cam as well. Out of three cameras on scene, only one was turned on.

The Citizen's Review Panel and the Austin Police Monitor made their recommendations to Acevedo, who was under a Nov. 7 deadline after given 180 days to decide whether disciplinary action should be taken.

While Quintana's supporters in the police union heralded the decision as fair and just, it brought instant anger from friends of Sanders, who said Quintana should have been fired altogether and charged with a crime.

"No justice for Slick, man they are wrong for what they did," said friend Marcell Waldon. "From what we seen, it's completely wrong. Ain't no way. He shouldn't still be on the force getting paid. He should be completely off. He should be facing the same type of charges as a criminal."

On May 11, Sanders was killed and Sir Lawrence Smith was injured around 5 a.m. that morning during the altercation with police at 6409 Springdale Road, where officers said they woke up Sanders and saw him reach for a gun. That's when officers said Quintana shot him.

In the hours that followed the shooting, police in riot gear tried to calm down nearly 200 people who were angry and smashing windows near the apartment complex. Some eight police cars were damaged, and at least one man was arrested.

A Travis County grand jury declined to indict Quintana for criminal wrongdoing three months after the teen's fatal shooting.

However, an independent review and internal investigation still put him at the center of a department investigation regarding possible policy violations. The independent review conducted by an outside agency cited some bias in the APD internal affairs investigation following the shooting.

Adam Loewy, the attorney representing the Sanders family in a federal civil lawsuit said Sanders' parents are disappointed with the outcome of the internal affairs investigation.

"We believe this decision is an insult not only to this family, but to this community," said Loewy. "The truth of the matter is this: this officer engaged in totally wreckless conduct that morning and wrongfully killed this young man. This young man, Nate Sanders Jr., was shot in the back of the head and we believe that a 15 day suspension only related to the video camera is insulting and it sends the absolute wrong message."
 

Police on Wednesday released a digitized re-creation of the shooting:

Friends of Sanders said Wednesday's decision was just another incident in a pattern of oppression by Austin police.

"We have all these killings, Sofia King, Jesse Owens, and they still getting away with it," said Kenneth Tuberville. "The cops are still getting away with it."

Police union president Wayne Vincent called the decision fair, and that Acevedo had kept his word by not bringing emotion and politics into his decision.

Acevedo has been under pressure from some East side community members to harshly punish Quintana and decide that had used unreasonable force.

Vincent also said he'd spoken to Quintana on Wednesday, and that the officer was tired and had been through a lot, but was glad it's over - and was relieved to know that his superiors agreed with the rest of his actions on that day.

"He’s glad his tactical judgement was not questioned," Vincent said. 

Earlier this year, the Austin Police Association named Quintana "Officer of the Year."

Acevedo said Wednesday that a new department rule would expand the dashcam policy.  Effectively immediately, all officers must turn the camera on during traffic stops, investigative incidents, sobriety checks and domestic violence calls.

The chief announced a new department protocol for dashboard camera violations:

• First violation for neglecting to turn it on by mistake results in a 1- to 3 day suspension. 
• If it is done intentionally, there's a suspension for up to 15 days the first time; The second time, the officer gets fired.
• If it is intentionally not turned on in a "critical situation," the officer is immediately terminated.

The eight-and-a-half-year veteran with the force was on paid administrative leave since the shooting.

KXAN Reporters David Scott and Carla Castano contributed to this report.