AUSTIN (KXAN) — On Wednesday, the office of Travis County District Attorney Margaret Moore announced it has concluded its review of a July 2018 officer-involved shooting in Sunset Valley — determining that the officer’s use of deadly force was justified.
The shooting occurred just before 4 a.m. on July 29, 2018, when Sunset Valley police responded to an alarm at the Zales Outlet Jewelry Store located at 5601 Brodie Lane.
When they arrived, officers, including Officer Oscar Lopez, saw a vehicle parked in front of the store and a man, then 25-year-old Marc Antonie Carrillo, leaving the store.
Lopez reportedly drew his weapon and told Carrillo to show his hands, which he says the man refused.
When Carrillo continued to ignore Lopez’s commands and moved to his vehicle, Lopez withdrew his stun gun and used it to stop Carrillo from driving away. Lopez says he and Carrillo struggled for control of the key and gear shift but then Carrillo drove off — with Lopez hanging halfway out of the vehicle.
Lopez said he feared for his life, which resulted in him firing one shot. The bullet hit Carrillo in the right arm. Then, Lopez says, Carrillo parked the vehicle and ran away.
Carrillo was sentenced to six years for burglary.
The Travis Co. DA’s Office says based on the decision, Moore will not present the case to a grand jury. The letter says, in part:
“Based upon the evidence available and the applicable Texas law, a jury following the law would not convict Officer Carlos Lopez because the evidence proves the use of force, both lethal and nonlethal, was justified under Texas law.”
You can read Moore’s full letter declining prosecution for the case below.