Police Assocation President Writes Open Letter to City Council

The president of the Austin Police Association is urging the city council to seriously consider withdrawing its settlement to the Sanders family following the shooting death of Nathaniel Sanders last year.  A $750,000 settlement has been proposed.

Below is the open letter to Mayor Lee Leffingwell and city council members. 

To:       Lee Leffingwell, Mayor
            Austin City Council – City Hall
            301 W. 2nd Street
            Austin, TX  78701

Dear Mayor,

On behalf of the 1600 men and women who provide law enforcement services to our community, I would like to express deep concerns over the contemplated settlement between the City of Austin and the Sanders family.  We were all taken by surprise in learning this surrender was being considered.  Before you render a decision in this matter, allow me to address in detail what we believe will be the unintended result of such a settlement.

The moment this ill advised settlement is finalized, there will be a permanent impression that the City of Austin admits this shooting was unjustified and that Officer Quintana alone was responsible for the death of this young man.  Nothing could be further from the truth, and any reasonable person knowledgeable about the facts would agree.  No amount of clauses within the agreement prohibiting assumptions of guilt is going to change the fact that the community will take from this an admission that the police acted inappropriately.  Of course Mr. Loewy will be prohibited from making assertions about police misconduct, but he already did the day this potential settlement became public.  His statement to KXAN on 7/10/10, “We are pleased that the City of Austin and APD finally accepts responsibility for this unjustified shooting,” gives you proof positive that this will be the final judgment in the mind of the community.  Our officers are accustomed to inaccurate perceptions of their actions from anti-police activists and other critics, but this time it will be at the hands of our City Council.  Unless you believe this shooting was unjustified and the District Attorney, the Grand Jury, the Police Monitor and the Austin Police Department got it wrong, then I submit you have a duty to fight this in court.

This settlement completely counters any intention of city government transparency.  By appropriating three quarters of a million dollars for this settlement, there will be no trial.  There will be no opportunity for the general public to see all of the facts.  There will be no public display of all evidence developed from this incident.  A case can be made that this is nothing short of hush money.  More than once in this case the City and APD have been accused by critics of a cover up.  To stop the process now with a payoff is certainly not going to change that perception; in fact, it will only serve to bolster it.

With the City’s history of such settlements after police incidents, we are sending a very dangerous message to those who still believe they have a right to resist and fight our Police Officers.  Over the years I think we all can agree APD has changed tactics and technology in a remarkable effort to reduce injuries to suspects during police confrontations.  We have been remiss however, in another critical area of police encounters.  We seldom talk about the responsibility of our citizens to reduce these injuries.  That responsibility is very simple.  Don’t fight or resist the police.  If this responsibility is fulfilled, the need for Police Officers to use force in the first place will be eliminated.  Money contemplated to make this trial disappear would serve a much better purpose in public education about what the role is of the police officer, and how best to interact with the police during traffic- stops or other such contacts.  I submit this type of program has a real chance of saving lives.  Payoff money to make a trial go away will do no such thing.

I submit you have a responsibility to the taxpayers of Austin to protect their liability, and if that means fighting this lawsuit in court, then so be it.   I hope you also agree there is a responsibility to the Police Officers you employ.  All of you have publicly announced your support of law enforcement.  This is one of those opportunities in which you can demonstrate that support by your willingness to fight this battle in court and resist the urge to take the easy way out.  There are some concerns that going to court is a gamble for the city.  Our officers still believe in the system and believe we will prevail, as do legal experts I have consulted with.  Of course there are no guarantees on the outcome, but in this case, money cannot be the primary concern.  The reputation of your Police Officers and the city must also be considered when making this decision.  Adam Loewy has had the luxury of making outrageous allegations against us for over a year via the media.  Your vote to settle this on the dawn of trial will be taken as a sign you agree with him.  I refuse to believe that I will be disappointed when you as a body make this decision.

Thank you so much for your time and attention to this matter.

Wayne Vincent, President
Austin Police Association