AUSTIN (KXAN) — The mother of Brandon Jacque, a 25-year-old who was shot and killed by a now-former Burnet police sergeant, has filed a lawsuit claiming the man used excessive force — and that the City of Burnet failed to properly train and supervise him.
According to the lawsuit, which was also filed by the mother of Jacque’s child, in the early morning hours of March 27, 2019, former sergeant Russell Butler responded to a noise complaint in the Burnet neighborhood where Jacque was sitting in a car in front of a house playing music and talking to his friend, the owner of the home.
“Less than two minutes after Sgt. Butler arrived at the residence of [Jacque’s friend] to investigate the alleged noise complaint, Brandon Jacque was murdered,” the lawsuit reads.
At the time of the incident, Burnet Police Chief Nelson told the media that Jacque had ignored Butler’s commands, backed the car up and drove over the man’s foot. This is when Butler allegedly fired his weapon, killing Jacque.
Back in April 2019, Butler was indicted in connection with the incident. He faces murder and felony aggravated assault charges. Other court documents filed at that time alleged that Butler also threatened to shoot someone in the passenger seat of the car.
While the lawsuit doesn’t mention the alleged foot run-over, Jacque’s mother, Kimberly Felan, and his friend do request access to Butler’s body-worn camera and dash cam footage, which they say has been withheld due to Butler’s pending criminal case.
In addition to claims against Butler, the lawsuit also takes aim at the City of Burnet itself, saying it is also liable for Jacque’s death due to the lack of supervision and proper training it gave to Butler.
“The City of Burnet’s policies/practices were the moving force of Brandon Jacque’s death and caused Brandon Jacque to be deprived of his Constitutional rights to be free from unlawful seizures,” the lawsuit reads.
Felan and the friend are seeking damages of at least $75,000, attorney’s fees and a trial by jury.
Back in 2019, Jacque’s sister told KXAN he left behind a 4-year-old daughter.
KXAN has reached out to Butler’s attorney, the City of Burnet, and the attorney of Jacque’s mother and friend. We’ve heard from Butler’s attorney, Travis Williamson, and he said he couldn’t comment on the lawsuit because he wasn’t aware a lawsuit had been field.
We will update the story once we’ve heard from the City of Burnet and the attorney of Jacque’s mother and friend.