Officer cleared in shooting, issue may head to civil court

AUSTIN (KXAN) – The Austin Police officer who opened fire on a bartender on a busy stretch of 6th Street nearly two years ago will not face charges in connection with the incident, a grand jury decided Tuesday.

A Travis County Grand Jury heard more than eight hours of evidence before determining it would not issue an indictment against Officer Robert Krummel.

Last week, Gwen Daniels told her side of the story after police say she hit several people walking on Sixth Street with her car. She said she was trying to escape from a mob trying to attack her.

Krummel saw the vehicle hitting people and was headed his way. He fired four shots at Daniels as the car moved closer. Daniels stopped the car and was taken into custody.

The lawyer for Daniels, Skip Davis, talked to KXAN News about what he believes the video shown to the grand jury reveals.

“If you put… two videos together I think you’re going to see that only four seconds elapsed between the time that Gwen left the curb and the time of the gunshots,” said Davis. “The police officers have somehow asserted that they took all sorts of steps to stop her and I don’t think they did.”

Davis also says that he will pursue a civil lawsuit.

“I spoke to Gwen [Tuesday] and she’s very disappointed and somewhat troubled by the result,” said Davis. “She did not feel as though the grand jury was actually presented all the evidence in a way that would have resulted in [an indictment].”

The Combined Law Enforcement Associations of Texas, which represented Officer Robert Krummel reacted with a statement Tuesday.

“The grand jury clearly understood that Officer Krummel’s actions in the face of a grave threat to countless people on the street in Downtown Austin that night were lawful and reasonable,” said CLEAT spokesman John Moritz. “Officer Krummel put his own safety at risk as he sought to protect innocent civilians from further harm.”

Austin police policy limits when an officer can fire a gun to stop a moving vehicle.

According to APD’s policy manual, it can only happen if the officer reasonably believes that there is an imminent or potential risk of serious bodily injury or death to any other person if the subject is not immediately apprehended.

Also, APD’s policy prohibits firing a warning shot in any situation. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. If you see an inappropriate comment, please flag it for our moderators to review.

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