AUSTIN (KXAN) — The civil trial stemming from the 2021 deadly police shooting of Alex Gonzales, 27, began this week.
The Austin police officers involved never faced criminal charges. The department also cleared them of wrongdoing as a result of the internal investigation into their actions.
The case
The department said the incident started when Gonzales allegedly cut off an off-duty officer, Gabriel Gutierrez, and then pointed a gun at him. APD said Gutierrez called for backup.
APD said its investigation revealed that when Gutierrez came into contact with Gonzales, Gutierrez acted as a private citizen who defended himself in the face of a deadly threat.
Once on-duty officers arrived on the scene, APD said Officer Luis Serrato shot Gonzales as he was outside his car, reaching into the back seat and ignoring commands. Police found a gun in Gonzales’ car, but his family claims he was reaching for his baby, not a weapon.
The trial
The case currently playing out in U.S. District Court pertains to Gutierrez, naming him and the city of Austin in the lawsuit.
Gonzales' family believes the criminal justice system and the police department did not properly hold Gutierrez accountable, so they're seeking justice through the lawsuit, according to court documents as well as previous statements the family has made publicly.
"Trying to do what I can, the best that I can for my son," Gonzales' mother said at a City Hall event around the time it was announced the officers wouldn't face charges or disciplinary action.
Attorneys told KXAN that Gutierrez took the stand Tuesday and Wednesday to discuss the case from his perspective.
The bulk of Thursday's testimony involved a law enforcement use-of-force and internal investigations expert who said he was an expert witness in the George Floyd case and has issued opinions on previous APD shootings.
He addressed prior Department of Justice complaints and reviews related to APD's use-of-force investigations and discussed ways to leave a threatening situation without using deadly force.
The trial is expected to resume Friday morning.
Last month, the city settled a lawsuit with Gonzales' girlfriend, who was in the car with him during the incident. She was shot and injured. Her attorney said he hopes the "recent order and this settlement will encourage the City to reflect and change the way APD investigates shootings.”
The city told KXAN Thursday, “The City cannot discuss settlement negotiations. The City looks forward to presenting its position in this case to a jury.”
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