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Updated 07/27/2010 01:08 PM

News 8 explores the Nathaniel Sanders II shooting

By: News 8 Austin Staff

Controversy surrounds the Austin Police Department's criminal and internal investigation into the shooting death of Nathaniel Sanders on May 11, 2009 by former Austin police officer Leonardo Quintana.

Quintana and fellow officers were out on patrol, looking for suspects in an unrelated robbery and were investigating the vehicle Sanders was in as being 'suspicious.'

A grand jury decided not to indict Quintana. He was, however, later fired over a drunken driving charge he received in January in Leander.

Raw video:

View raw footage from one of the officer's Dashboard cameras by clicking here.

After a slew of internal and external reports and reviews on the shooting, the KeyPoint report continues to spark controversy about the events of that day.

In early July, city officials announced they had reached a tentative settlement with the Sanders family. The announcement left city officials, community leaders and many more pondering whether it is the right move for both parties.

You can review the case in its entirety through the links provided below: Major events and developments, How officials responded, Community reaction and Analysis.

News Report: 07/20/2010 -- Martinez: Sanders settlement leaves too much unanswered

News Report: 07/09/2010 – City reaches tentative settlement with Sanders family

News Report: 06/27/2010 -- Judge dismisses Sanders’ family wrongful death lawsuit

The KeyPoint Report

News Report: 05/28/2010 -- City Council questions KeyPoint redactions

News Report: 5/26/2010--Activists get no response from city manager on Sanders case

Document: KeyPoint report containing Acevedo's former colleague's handwritten notes

News Report: 5/26/2010--Handwritten notes reveal new details in Sanders report

News Report: 5/25/2010--Handling of officer-involved shooting questioned

News Report: 5/24/2010--Mayor still uncertain about why full report wasn't released

News Report: 5/22/2010--APD Chief, community leaders talk race relations in Austin

News Report: 5/21/2010--Ott outlines decision-making process on KeyPoint report

Document: Memo from Ott to Mayor Leffingwell

News Report: 5/21/2010--Group voices distrust in APD, calls for Acevedo's removal

News Report: 5/20/2010--Mayor, city council react to investigation fallout

News Report: 5/19/2010--City attorney retires in wake of full release of KeyPoint report

Document: Redacted KeyPoint Report

Document: Unredacted KeyPoint Report

News Report: 5/11/2010--As details of Sanders’ report leaked, controversy continues

News Report: 5/11/2010--Attorney calls APD’s Sanders’ investigation a cover-up

News Report: 5/08/2010--Full Report of Sanders’ shooting states ‘Actions were reckless’


Leonardo Quintana


News Report: 5/06/2010--APD fires officer involved in controversial shooting for DWI

News Report: 5/03/2010--APD officer Quintana faces disciplinary hearing for DWI

News Report: 4/27/2010--Acevedo testifies in lawsuit against City of Austin

News Report: 01/13/2010--Leander police arrest APD officer Quintana for DWI

News Report: 11/04/2009--Austin police chief gives Quintana 15-day suspension

News Report: 08/18/2009--Future still unknown for APD's Quintana

News Report: 08/12/2009--Panel set to review Sanders Quintana case

News Report: 08/05/2009--Grand Jury decides not to indict APD officer

Document: District Attorney’s Statement (after Quintana no-billed)

News Report: 08/05/2009--Quintana no billed in Sanders Shooting


Chris Dunn


News Report: 06/29/2010 -- Arbitrator upholds APD firing over Sanders email

News Report: 04/14/2010--Arbitration continues for detective fired in Sanders’ shooting

News Report: 04/13/2010--Appeal proceedings underway for officer fired over email

Document: Dunn Letter of Appeal

News Report: 11/06/2009--Police officer fired in Sanders’ investigation files appeal

News Report: 11/05/2009--Acevedo fired internal affairs officer after Sanders report


Texas Civil Rights Project


News Report: 05/27/2010--Texas Civil Rights Project alleges Acevedo broke the law

Document: KeyPoint Report containing Acevedo’s former colleague Lt. Paul Golonski's notes

News Report: 04/09/2010--Organization suing city for full Nathaniel Sanders shooting report

News Report: 11/19/2009--City of Austin approves changes to APD internal affairs

News Report: 10/05/2009--Report calls APD internal affairs investigation biased


Other major events and developments

News Report: 09/10/2009--APD officers suspended over dashboard cameras

News Report: 08/19/2009--Independent investigation ordered in shooting death of Sanders

News Report: 06/04/2009--Man charged with making terroristic threats adds another charge

News Report: 06/02/2009--Parents of Nathaniel Sanders file federal lawsuit

News Report: 05/18/2009--Sanders' family and friends mourn, APD investigation continues

News Report: 05/15/2009--APD says gang out to kill officers

News Report: 05/14/2009--APD officer involved shooting recorded on dash cam

News Report: 05/12/2009--Arrests made during officer involved shooting

News Report: 05/11/2009--Officer-involved shooting press conference sheds new light

News Report: 5/11/2009--2 shot, 1 dead in officer involved shooting

Back to the top | Community Reaction | Analysis



News Report: 07/20/2010 --Pending vote on Sanders settlement has officials wary

News Report: 07/20/2010 -- Martinez: Sanders settlement leaves too much unanswered

News Report: 07/13/2010 -- Austin police union disapproves of pending settlement

News Report: 06/24/2010 -- City council approves vote on term limits for city attorney

News Report: 06/21/2010 --Acevedo talks public safety, Sanders shooting at forum

News Report: 5/24/2010--Mayor still uncertain about why full report wasn't released

News Report: 05/21/2010--Mayor, city council react to investigation fallout

News Report: 04/27/2010--Acevedo testifies in lawsuit against City of Austin

News Report: 11/19/2009--City of Austin approves changes to APD internal affairs

News Report: 11/09/2009--APD hopes new dash cams help restore community trust

News Report: 11/06/2009--Acevedo, ‘We’ve all lost’ in Sanders case

News Report: 11/04/2009--Austin police chief gives Quintana 15-day suspension

News Report: 10/06/2009--Police Chief responds to report critical of APD investigation

News Report: 09/10/2009--APD officers suspended over dashboard cameras

News Report: 08/19/2009--Independent investigation ordered in shooting death of Sanders

News Report: 08/18/2009--APD police monitor to present findings in Sanders shooting

News Report: 08/06/2009--Quintana no billed in Sanders Shooting

News Report: 08/05/2009--Grand Jury decides not to indict APD officer

Document: Grand Jury Investigation

News Report: 06/02/2009--East Austin community meeting sheds light on divide

Council Member Sheryl Cole:

The following is Sheryl Cole's response to the Grand Jury's decision not to indict Leonardo Quintana in the shooting death of Nathaniel Sanders.

As I have said before, my sincere condolences to the family of Nathaniel Sanders and my thoughts and prayers are with his family and friends. Today the Travis County grand jury chose not to indict the officer involved in his death. I am asking the Police Department and the community to continue their ongoing efforts in community policing.

We are still awaiting the report of the internal investigation from Austin Police Chief Acevedo. This report will be sent to the Police Monitor and the Citizen Review Panel before any definitive action is taken.

I ask that we continue to be prayerful for Nathaniel Sanders' family and the law enforcement family involved in this incident.

Police Chief Art Acevedo:

The following is Police Chief Art Acevedo's response to the Austin American Statesman article printed May 8, 2010. According to the article, an independent review of the incident said Officer Quintana's actions leading up to the shooting were so reckless that they may have been criminal.

The process of investigating Senior Police Officer Leonardo Quintana’s use-of-force incident included thorough administrative, criminal and Grand-Jury Investigations. The evidence from the administrative and KeyPoint investigations was reviewed by the Citizens’ Review Panel (CRP), which is comprised of a diverse group of Austin residents, and the Office of Police Monitor (OPM). The administrative, CRP and OPM reviews of the facts and evidence into this matter all determined that Officer Quintana’s use of deadly force was objectively reasonable and within Austin Police Department policy. Moreover, the Travis County Grand-Jury also determined that Officer Quintana’s use of deadly force was lawful. The Austin Police Department stands by the findings of the administrative, CRP, OPM and grand-jury processes. The Department is precluded by Texas State Law and a standing Federal Court protective order from commenting further on the KeyPoint Report.

Mayor Lee Leffingwell:

The following is Police Chief Art Acevedo's response to the Austin American Statesman article printed May 8, 2010. According to the article, an independent review of the incident said Officer Quintana's actions leading up to the shooting were so reckless that they may have been criminal.

The Austin City Council was advised by the City Attorney several months ago that the unredacted version of the KeyPoint report was not legally available to the Council for review. As such, the Council remained unaware of the full details until they were reported in the media. Like everyone, I’m troubled by the findings of the report, and intend to review the matter fully with the City Manager and Police Chief.

Mayor Lee Leffingwell:

The following is Mayor Lee Leffingwell's response to city attorney David Allan Smith's resignation.

I was informed of David's decision by the City Manager late this afternoon. David has served the City of Austin capably for many years. I respect his service to our community, and I wish him all the best.

Back to the top | Major Events and Developments | Analysis


News Report: 07/13/2010 -- Austin police union disapproves of pending settlement

Document: Wayne Vincent's letter of disapproval with Sanders family settlement offer

News Report: 05/27/2010--Texas Civil Rights Project alleges Acevedo broke the law

Document: KeyPoint Report containing Acevedo’s former colleague Lt. Paul Golonski's notes

News Report: 5/26/2010--Activists get no response from city manager on Sanders case

News Report: 5/25/2010--Handling of officer-involved shooting questioned

News Report: 05/21/2010--Group voices distrust in APD, calls for Acevedo's removal

News Report: 05/15/2010--Community leaders criticizes APD, city officials in wake of KeyPoint response

News Report: 05/11/2010--Attorney calls APD’s Sanders’ investigation a cover-up

News Report: 04/09/2010--Organization suing city for full Nathaniel Sanders shooting report

News Report: 03/09/2010--Community groups react to Acevedo’s possible departure

News Report: 11/17/2009--NAACP wants more oversight in officer involved shootings

News Report: 08/24/2009--Local NAACP criticizes city's handling of Sanders shooting

News Report: 08/18/2009--Future still unknown for APD's Quintana

News Report: 06/02/2009--East Austin community meeting sheds light on divide

News Report: 05/31/2009--NAACP encourages grieving community to stay involved

News Report: 05/29/2009--NAACP hosts meeting following officer-involved shooting

News Report: 05/26/2009--Austin NAACP president urges community to be patient

News Report: 05/25/2009--NAACP meeting to focus on shooting and community

News Report: 05/18/2009--Sanders' family and friends mourn, APD investigation continues

News Report: 05/13/2009--Community continues to question as APD investigates

News Report: 05/12/2009--Neighbors react to officer involved shooting

ACLU-TX Central Texas:

The following is the ACLU's response to the Grand Jury's decision not to indict Leonardo Quintana in the shooting death of Nathaniel Sanders.

As expected, the grand jury "failed to find a bill of indictment against" Officer Quintana in the shooting of Nathaniel Sanders II. Historically, Travis County grand jurors fail to indict because they are often not provided enough evidence to do so without a doubt. In this case, the absence of video footage of the shooting incident itself certainly factors in. Audio and witness statements doubtfully paint a clear enough picture of the critical moments leading up to Quintana shooting at Sanders. Video footage did not capture those critical moments, and whether Internal Affairs rules not turning on the two videocameras or whether actions leading up to the shooting were in violation of policy remains to be seen. From our perspective, not turning on cameras at any detainment, where arrest -or worse- is a possibility, is a clear violation.

Our thoughts are with the Sanders family today and with the eastside community in general, as this ruling likely represents to them one more detrimental notch in relations between it and APD.

Texas Civil Rights Project:

The following is Jim Harrington's response to city attorney David Allan Smith's resignation.

The forced resignation of David Smith in light of the KeyPoint fiasco and resulting loss of confidence in the police and city leaders is a step forward. He has long substituted his own personal political judgment for sound legal advice to the city’s leaders so that they can make appropriate decisions. We have been warning city council about this for a good while.


His role in the KeyPoint cover up is the final straw. It was shameful we had to file suit to vindicate the citizens’ right to see the report. There was no legal basis for the city to hide the report. He, however, should not be made a scapegoat about the KeyPoint mess. There is plenty of serious and substantial blame to go around. This should be only the first of a series of corrective measures.

Family Activism


News Report: 07/09/2010 – City reaches tentative settlement with Sanders family

News Report: 06/27/2010 -- Judge dismisses Sanders’ family wrongful death lawsuit

News Report: 08/06/2009--Sanders family wants feds to review case

News Report: 06/27/2009--NAACP hosts community gathering at walnut creek

News Report: 06/02/2009--Parents of Nathaniel Sanders file federal lawsuit

Back to the top | Major Events and Developments | Official Response


Raw Video: Dashcam video of the incident

Document: Redacted KeyPoint Report

Document: Unredacted KeyPoint Report

News Report: 5/12/2010--Keypoint’s not a small fish when it comes to investigations

News Report:10/5/2009-- Report calls APD internal affairs investigation biased

News Report: 6/2/2009--East Austin community meeting sheds light on divide

Document: Diagram of Cars From DA’s Office

News Report: 5/12/2009--Deciphering APD dashboard cameras

Document: Nathaniel Sanders Toxicology Report

Past APD Controversial Officer-Involved Shootings

• Sophia King, a black woman with a history of mental illness was shot and killed by an APD officer in June 2002 as she was running towards an East Austin housing project manager wielding a knife. The officer was hailed for saving the life of the housing manager. But testimony in court cast aspersions on the police for not properly dealing with a woman they must have known was mentally ill. The case raised awareness in how officers are trained to deal with people with mental illness.

• Jesse Lee Owens, a black man, was shot and killed by an APD officer in June 2003. Officer Scott Glasgow was later indicted by a Travis County grand jury, but the indictment was quashed by a state district judge for lack of evidence. Glasgow was eventually reinstated to the police department, but in a non-patrol role.

• Daniel Rocha, a Hispanic man, was shot in the back at close range by Officer Julie Schroeder in June 2005. Schroeder was later fired for failing to following correct police procedure. But a Travis County grand jury declined to indict her in the case.

• Kevin Brown, a black man, was shot several times and killed by Officer Michael Olsen in June 2007. Olsen was fired from the police force and that firing was upheld by a civil service commission.

Each of the officers involved in these four shootings was white.

Back to the top | Major Events and Developments | Official Response | Community Reaction