The trial over the 2021 police shooting of Alex Gonzales Jr. has begun in Austin, shining a spotlight on the actions of off-duty Austin police officer Gabriel Gutierrez and the investigating practices of the Austin Police Department (APD). According to the Austin American-Statesman, plaintiffs' attorneys are accusing Gutierrez of giving false or misleading information to investigators and assert that the APD botched the resulting probe.
The case hinges largely on the disputed claim that Gonzales was brandishing a gun during a road rage incident that led to Gutierrez shooting him, and did not disclose initially that he was the shooter when he reported the incident to the 911 operator. Gutierrez "was not only responsible for the bullets he fired, but also for the bullets he caused Serrato to fire,'” Donald Puckett, the plaintiffs' lead attorney, told the jury on Monday, accusing the officer of creating a scenario where the responding officer Luis Serrato believed Gonzales posed an active threat. Gutierrez's lawyer, however, argued that his client had made the split-second decision to use lethal force because "he faced imminent bodily harm," according to the Austin American-Statesman.
In a parallel legal fight, the city of Austin is also on trial in federal court over the controversial death of Gonzales. A federal jury will decide if the city is liable for Gonzales' death because of what U.S. District Judge Robert Pitman described as a possible culture of officer impunity, fostered by unduly lenient treatment of APD officers engaged in excessive force. According to Fox 7 Austin, Judge Pitman's March opinion highlighted the city’s alleged practice of under-investigating and under-disciplining officers.
Complicating the city's defense, plaintiffs’ attorneys have introduced newly disclosed investigative records that were handed over shortly before the trial started. The records include a draft report of a reconstruction of the shooting. The plaintiffs argue that this late disclosure – only six days before the trial – raises serious questions about the integrity of the city’s investigation. Former police chiefs Joseph Chacon and Robin Henderson, during whose tenures the shooting and subsequent investigation occurred, are slated to testify and are expected to defend the legitimacy of the probe. "This was not some sham investigation," Assistant City Attorney Gray Laird informed jurors, contending there's no evidence of the city or APD having a policy of non-discipline for officers accused of excessive force, as quoted by the Austin American-Statesman.
While the outcome of the case hangs in the balance, the revelations and allegations made during this trial are likely to have long-lasting implications for the city's policies and practices regarding law enforcement and could possibly drive changes in how police officers are held accountable in cases of excessive force.
