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Family of man shot, killed by off-duty APD officer files new complaint with Office of Police Oversight

Alex Gonzales' loved ones are asking the office to investigate if one of the officers gave false testimony under oath.

AUSTIN, Texas — The family of a man who was killed by Austin police three years ago is taking new action, saying they are pushing for accountability.

Alex Gonzales Jr. died in January of 2021. His loved ones have now filed a formal complaint with the City of Austin's Office of Police Oversight, asking the office to investigate if one of the officers involved gave false testimony under oath.

"Ever since that day, my family has been asking the same simple question: What happened? What happened?" said Alex Gonzales' mother, Elizabeth Gonzales.

Alex Gonzales' family members say more than three years after his death on Jan. 5, 2021, they still haven't gotten answers.

Officer Gabriel Gutierrez, who was off duty when the shooting happened, said Gonzales had pointed a gun at him during a road rage incident. Gutierrez called 911 himself.

There is dash camera and body camera video from when uniformed officers, including Officer Luis Serrato, arrived. They shouted commands to Alex Gonzales. Alex Gonzales went around to the back of his car, and his loved ones say he was checking on his widow and baby. Officers opened fire, killing Alex Gonzales. His widow was shot in the arm, and the baby was unharmed.

Now, Alex Gonzales' loved ones say during last month's deposition, Officer Gutierrez said he didn't see the woman in the car before he initially fired his gun. They say that, along with other missing details, shows a need for the Office of Police Oversight to take a second look at Gutierrez's actions that night and if he made false statements about what happened.

A Travis County grand jury has already declined to indict Officers Gutierrez and Serrato, and they were not disciplined by the Austin Police Department (APD).

Alex Gonzales' loved ones say this is about pushing for accountability.

“I hope y'all can see now that this lawsuit for my son's death is about more than seeking justice for Alex,” Elizabeth Gonzales said.

In previous statements, APD extended condolences to the Gonzales family, saying whenever someone loses their life, it's a tragedy.

The Gonzales family's civil case is still making its way through federal court.

RELATED:

Families of people killed by Austin police call for better support and communication

Officers involved in Alex Gonzales shooting did not violate departmental policy, APD says

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