Federal jury to decide lawsuit against City of Austin in shooting death of man

Alex Gonzales Jr.: Federal jury to decide civil lawsuit

A federal jury will decide a lawsuit against the City of Austin in the death of a man. Four years ago, Austin police officers shot and killed Alex Gonzales Jr.

AUSTIN, Texas - The Austin Police Department’s use of force is on trial in federal court. 

It stems from the shooting death of Alex Gonzales Jr. in Southeast Austin in January 2021.

What happened to Alex Gonzales Jr.?

Officers involved in deadly shooting of Alex Gonzales Jr. will not be disciplined: APD

The Austin Police Department (APD) on-duty officer and off-duty officer involved in the death of Alex Gonzales Jr. will not face any consequences.

Off-duty APD Officer Gabriel Gutierez described the incident as road rage. 

Gutierez, in his personal vehicle and plain clothes, coming home from the gym, claimed Gonzales cut him off and flashed a gun. Gutierez shot Gonzales and his girlfriend, with their baby in the backseat. 

Gutierez called 911 and two on-duty APD officers arrived. 

Video shows them shouting at Gonzales to stop, but Gonzales opened his back passenger door and APD Officer Luis Serrato shot him multiple times.

In 2022, a grand jury declined to indict Serrato and Gutierez. The following year, then-APD Chief Joseph Chacon decided not to discipline them, despite recommendations from the Office of Police Oversight and Community Police Review Commission to do so.

Gonzales' family files civil lawsuit

What's next:

Gonzales’ parents are suing, claiming the City of Austin is liable for Gonzales’ death because the city’s official policies, practices, and customs were a cause of Gutierrez and Serrato’s use of excessive force.

Judge Robert Pitman wrote in a March opinion: sufficient evidence shows the city had a practice of permitting excessive force by under-investigating and under-disciplining the majority of officers who engage in excessive force and a reasonable jury could find that such a practice created a culture of officer impunity.

Family of Alex Gonzales Jr. wants files released

It's been over three years since a man was killed by Austin police after an apparent road rage incident. Now, family attorneys want the city to release the internal affairs investigative files to the public.

A jury will soon decide if they agree.

Gonzales’ girlfriend reached a $555,000 settlement with the City and Gutierrez last month.