Sanders' Family Files Lawsuit Against APD Officer, City

AUSTIN -- The family of an 18-year-old fatally shot by an Austin police officer in May has filed a federal lawsuit against the police officer who shot and killed him and against the City of Austin.

"We're looking for the truth to be told. We would like to know how did our son go from asleep in the back of a car to shot dead," said Nathaniel Sanders Sr., the victim’s father.

Officer Leonardo Quintana shot and killed Nathaniel Sanders II on May 11 while responding to reports of shots fired at the Walnut Creek apartment complex in Central East Austin.

Officers say Sanders was reaching for a gun when he was shot. The family’s attorney disputes that claim.

"Eye witness testimony is going to dispute the allegation that there was a weapon. There are eye witnesses that will say he did not have a weapon. My law firm sent a letter to their attorneys requesting evidence of this gun and they refuse to provide any evidence," said Adam Loewy, family attorney, "That's their legal position, I disagree with that position, and that's why I want to get this before a judge as soon as possible."

According to the lawsuit filed, Sanders' parents claim their son did not pose a threat to Officer Quintana and that the officer overreacted and without justification when he woke Sanders, who was sleeping in a car. APD says Quintana was investigating reports of gun fire when he approached the Mercedes-Benz station wagon.

"Office Quintana did not have his police lights on. He did not have any sort of siren on and he did not use a bull horn in an attempt to say 'Wake up. Get out of the car,'" said Loewy.

The lawsuit claims Quintana violated APD policy by not turning on the lights or dashboard camera in his car and not attempting to wake Sanders by activating his patrol car siren or bullhorn. It also claims Quintana used excessive force.

"He approached the car, opened the door and physically tried to pull Nate Sanders out of the car," said Loewy, "Nate Sanders reacted the way anyone else would have reacted. His defensive mechanism was to move back into the car to escape the hold of the police officer. At that point, it is based on our allegation that Officer Quintana panicked and literally opened fire into that car, shooting and killing Nate Sanders from a very close range."

The lawsuit claims the City of Austin is culpable, including a practice of inadequately supervising officers regarding use of force and excessive force against minorities. It also claims the city has inadequate training.

The lawsuit seeks damages for physical pain and mental anguish as well as funeral and burial expenses and attorney fees.

Austin City Manager Marc Ott released a statement regarding the lawsuit:

"The City of Austin remains committed to the thorough investigation of the events of May 11. We are dedicated to bringing the situation to a resolution and will share appropriate information with the public as it is available.

"The action filed today is a separate matter from the ongoing investigations and will be handled appropriately through our legal channels. This is an unfortunate and emotional issue for everyone involved, but the lawsuit does not change the way the City, the Police Department or external legal agencies will investigate the case."

Chief Art Acevedo has said the department's investigation will take between 60 and 90 days. It will not release any further evidence, including dashboard camera video it says captured the shooting, while the investigation is open.