Travis County appeals Austin police shooting case to Supreme Court

Charles Kleinert sits in court on Dec. 5, 2014.

AUSTIN (KXAN) — The Travis County District Attorney is asking the U.S. Supreme Court to review a deadly police shooting from 2013.

Margaret Moore released a statement Wednesday saying she filed the petition to seek justice and provide clarity.

“The District Attorney’s Office remains firmly committed to seeking the fair administration of justice in this matter, as well as clarity regarding the immunity granted by the court in this matter.”

Four years ago, Austin Police Department Detective Charles Kleinert shot and killed Larry Jackson Jr. during a bank robbery investigation in central Austin.

Kleinert was charged with manslaughter but his lawyers successfully argued he was acting as a federal officer at the time of the shooting and was immune to local prosecution.

In April, Moore asked the Fifth Circuit Court of Appeals to take a second look at the case after they dismissed it. The federal appeals court upheld a lower court’s ruling that the manslaughter case against Kleinert remains dismissed. In its original ruling, the appeals court agreed with U.S. District Judge Lee Yeakel’s decision to dismiss the Travis County indictment because he was acting as a federal officer when he shot and killed 32-year-old Larry Jackson Jr. in 2013.

After reviewing April’s ruling, Moore said she still believed “that the legal issues raised in this case are so important to the State and to local law enforcement agencies that those issues should be considered by the entire court.”

After the court again dismissed the charge, Moore decided to take the case to the Supreme Court.

 

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