AUSTIN (KXAN) – The Austin city council voted and approved a $1.25 million settlement with the family of a man who was shot and killed by Austin Police officer in July 2013.
This particular settlement is for Jackson’s three children. There is still a pending lawsuit filed by Jackson’s parents.
“We believe a monitory settlement for these young children who have lost their father through no fault of their own is the best path forward,” said Mayor Pro Tem Sheryl Cole before city council voted 6-to-1 to settle the lawsuit. Mayor Lee Leffingwell voted against it.
“Death is death, the father will never come back, I’ve got three minor children, so this is going to help them continue to live their life in the absences of their father’s financial support.”said attorney Bobby Taylor after council’s decision.
Mr. Taylor was aiming for $1.5 million settlement but said $1.25 is acceptable. He said a big portion of the money will be set aside for college. The kids are ten, eleven and twelve years old.
“Obviously there’s not value we can put on the loss of a life, no value, but we are realizing there are other people involved, realizing the children will never see Mr. Jackson,” said Taylor. “We’re comfortable at $1.25 million. It’s an offer that we can accept and we can move forward with.”
Larry Jackson Jr., 32, was shot and killed by then Detective Charles Kleinert after a foot chase that ended under the Shoal Creek bridge near West 35th Street.
According to police, on July 27, 2013, Kleinert was at the Benchmark Bank in the 1500 block of West 35th Street investigating an unrelated bank robbery when Jackson tried to get into the bank but the doors were locked. When an employee told Kleinert that Jackson was trying to get into the bank, he stepped outside to talk to him but after a few minutes Jackson ran away.
Kleinert chased after Jackson and also received a ride from a passing motorist to help catch up with Jackson underneath the Shoal Creek bridge. After a struggle, the officer’s gun discharged one time striking Jackson in the back of the head. Jackson did not have a weapon on him.
Police believe Jackson was originally at the bank to commit fraud.
Kleinert was indicted for manslaughter in May 2014.
“Obviously my clients are thrilled that their grandchildren are being compensated for this,” said Adam Loewy, the attorney representing Jackson’s parents. “I am very happy from a legal perspective that they settled the case at this number because it sends a clear message that this was excessive force and it sends a very clear message that this Officer, Charles Kleineart will be convicted of manslaughter for what happened.”
Loewy said they’ll wait to see what happens with the criminal trial, then will resume talks with the city about settling their wrongful death lawsuit.