City agrees to $600,000 settlement with Larry Jackson, Jr. family

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AUSTIN (KXAN) — The parents of a man shot and killed by an Austin police detective will receive $600,000 as part of a settlement with the City of Austin.

The Austin City Council approved the settlement Thursday. The City of Austin approved a $1.25 million settlement for Jackson’s three children in 2014.

“It sends a powerful message and it shows the community that the council doesn’t believe everything the police department says,” said Jackson family attorney Adam Loewy. Loewy says the old council could have saved the city time and money if they would have settled with the Jackson family as a whole. “When you settle half the case, try and settle the whole case. It’s silly. It’s bad public policy not to do it. And it only cost the city more money by dragging this out,” he said.
According to police, on July 27, 2013, Charles Kleinert was at the Benchmark Bank in the 1500 block of West 35th Street investigating an unrelated bank robbery when Jackson tried to get into the bank but the doors were locked. When an employee told Kleinert that Jackson was trying to get into the bank, he stepped outside to talk to him but after a few minutes Jackson ran away.
Kleinert chased after Jackson and also received a ride from a passing motorist to help catch up with Jackson underneath the Shoal Creek bridge. After a struggle, the officer’s gun discharged one time striking Jackson in the back of the head. Jackson did not have a weapon on him. Police believe Jackson was originally at the bank to commit fraud.

“Obviously everyone involved in this case – including Charles Kleinert – wishes Larry was still alive. No one wanted this to happen,” said Loewy.

From the dais, Mayor Steve Adler said the settlement is the result of city staff working to come up with the best possible solution. We reached out to several council members, no one wanted to elaborate.

Despite an indictment, the criminal case against Kleinert may never go to trial. Kleinert retired from APD three months after the shooting. In May of 2014, a Travis County Grand Jury indicted him on a manslaughter charge. In December of that year, he pleaded not guilty. A federal judge moved the case to federal court after Kleinert’s attorneys argued he should be immune from state prosecution because he was acting as a federal officer. U.S. District Judge Lee Yeakel determined at the time of Larry Jackson Jr.’s deadly shooting Kleinert “acted as a federal officer.” The ruling goes onto say, “In each case, the officer was performing a federal function when the factual chain of events began.”

Days later, the Travis County District Attorney’s Office filed an appeal with the Fifth Circuit Court of Appeals. The state’s appeal is still pending.

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