Sanders settlement likely on Thursday

AUSTIN (KXAN) - It's been a little more than a year since the Austin City Council voted against giving the family of Nathaniel Sanders $750,000 to settle a pending federal lawsuit.

On Thursday the Austin City Council will once again consider giving the Sanders family $750,000, but this time it looks as though it will get approved.

“I believe that settling the case outside of court instead of letting it go to trial is really in the best interest of the city,” said Council member Kathie Tovo .

Tovo was not on Austin City Council last year during the first vote. Her predecessor was considered the swing vote, and voted against the settlement.

The settlement comes a little more than two years after 18-year-old Sanders was shot and killed by Senior Officer Leonardo Quintana.

In the early morning hours of May 11, 2009, Quintana spotted a car police believed to be involved in a string of robberies.

When Quintana approached the car, Sanders, who was asleep, woke up and the two struggled over a gun hidden in Sanders' waistband.

Quintana fired his gun, killing Sanders and injuring another person in the car, Sir Lawrence Smith.

Since then, Quintana has been fired by Austin’s police chief after being arrested for domestic violence.

Council member Sheryl Cole, Laura Morrison and Tovo are sponsoring the resolution to settle the case. Council member Bill Spelman has also said he will vote for the settlement, creating the majority needed to approve the settlement.

"There will be no assignment of blame with regard to this incident,” Tovo said Wednesday. “It’s just an attempt again minimize the city's risk and to settle the case outside of court.”

On Tuesday Spelman told a radio station that he believes the city should settle the case because the officer violated Austin Police Department policy.

In a letter sent to Spelman, Sgt. Wayne Vincent, president of the Austin Police Association, strongly criticized Spelman for that interview.

"Your careless statements are an example of what makes a police officer's job so difficult," Vincent said in the letter sent to Spelman on Wednesday.

Last year Mayor Lee Leffingwell, Council members Mike Martinez and Chris Riley all voted against the settlement.

“The case is basically one where the officer involved was found not to have violated any policy other than failing to turn his camera on,” said Leffingwell.

Unless new evidence is presented, Leffingwell said once again he will vote against the settlement.

“I think that if you don’t support your officers when they are right they are not going to be able to do their job the way they need to do it to protect and serve the people of Austin,” Leffingwell said.

Also on Thursday’s agenda a settlement for the other person shot, Sir Lawrence Smith. Sources said that City Council will approve a settlement of $150,000 for Smith.

Leffingwell, who would not reveal the amount that has been discussed in executive session, indicated he will support the settlement for Smith because the cost would be less than fighting the case in court.