AUSTIN -- Days after the manslaughter charges against former Austin police detective Charles Kleinert were dropped, Travis County District Attorney Rosemary Lehmberg said Monday that she will appeal the federal ruling potentially all the way to the U.S. Supreme Court.
On July 26, 2013 Kleinert reported to the Benchmark Bank off of North Lamar after a morning robbery. Kleinert was responding to collect surveillance video when he encountered Larry Jackson Jr., who was allegedly trying to illegally withdraw money from another person's account.
In the surveillance video, Kleinert is seen talking to Jackson. A short while later, Kleinert points his gun at Jackson when he is about 50 feet away. Kleinert ordered Jackson to stop and get down on the ground. Jackson did stop, but did not fully comply with Kleinert's commands.
While attempting to apprehend Jackson, the two struggled under the Shoal Creek Bridge where Kleinert shot him in the back of the neck.
Kleinert retired from the Austin Police Department in October 2013. A Travis County grand jury indicted Kleinert on manslaughter charges in May 2014.
In her announcement of the appeal, Lehmberg said she will take the case as far as necessary and that she is offended by last week's ruling.
