AUSTIN (KXAN) — The United States Supreme Court has decided to not hear a case about whether an Austin police detective who shot and killed a man in 2013 should face a manslaughter charge. Because the high court decided to not take up the case, the decision falls to the lower court, which in 2017 dismissed the indictment against him.
In light of the move, the Travis County District Attorney said in a release it has no other way to overturn the decision, and that its involvement in the case has “come to an end.”
Larry Jackson, Jr. died in July 2013 after he appeared at the scene of a bank robbery in the 1500 block of W. 35th Street and allegedly fled the scene as Charles Kleinert questioned him. Kleinert chased after him and shot him during a struggle.
Here’s a timeline of the case involving former detective Kleinert and the death of Larry Jackson, Jr.:
- May 12, 2014: A Travis County grand jury issued an indictment charging Kleinert with felony manslaughter
- Oct. 29, 2015: A U.S. District Court dismissed the indictment, saying Kleinert was immune under federal law because he was serving on a federal task force when he shot Jackson, and therefore acting as a federal officer. The District Attorney’s Office appealed the ruling.
- April 20, 2017: A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit agreed with the lower court, affirming the dismissal of charges
- May 4, 2017: The District Attorney’s Office challenged the ruling, filing a motion for rehearing asking all the judges to consider the case
- May 25, 2017: The Court of Appeals denied the motion for rehearing
- Aug. 23, 2017: The District Attorney’s Office filed a petition requesting the U.S. Supreme Court review the case
- Jan. 8, 2018: The U.S. Supreme Court declined to consider the case
District Attorney Margaret Moore said in a release she and her office are committed to pursuing justice when it comes to officers’ use of lethal force.
“Although this is a disappointing result, I am proud of the effort of this Office to pursue these appeals,” Moore said.