BURNET COUNTY, Texas — Editor's note: The related video above was published in April 2019.
The mother of a 25-year-old who was shot and killed in 2019 by a former Burnet sergeant has filed a lawsuit against the City of Burnet and the former sergeant, claiming he used excessive force and that the City did not properly train and supervise him.
Former Patrol Sgt. Russell Butler was fired and indicted back in April 2019 after he was accused of fatally shooting Brandon Michael Jacque. Butler was indicted on one count of murder and three counts of aggravated assault by a public servant.
On March 27, 2019, police responded to a residence for reports of loud music on McNeil Street. When Butler arrived, he allegedly went up to a red car with a man and woman inside. When the car began to back up, Butler yelled at the driver to stop, but at some point, the car drove over his foot. Officials said Butler then fired his weapon through the front of the windshield, killing Jacque, who was sitting in the front driver's seat.
According to the lawsuit obtained by KVUE, which was also filed by a friend of Jacque’s, Butler killed Jacque less than two minutes after arriving at the residence. The lawsuit added the sergeant did not "conduct a lawful traffic stop."
"Butler failed to alert the occupants of the vehicle that a traffic stop and/or similar investigation of the vehicle was being conducted by the City of Burnet Police Department prior to escalating the situation and employing deadly force," the lawsuit states. "In this instance, the unreasonable escalation resulted in Brandon Jacque being shot to death through the front windshield of his vehicle."
The lawsuit, which was filed on Feb. 12, states the plaintiffs are seeking damages of at least $75,000.
According to the lawsuit, the plaintiffs requested to receive the bodycam and dashcam videos of the incident, but their request has been temporarily "stymied due to Butler's pending criminal case."
The lawsuit claims the City of Burnet is also liable for Jacque’s death.
“The City of Burnet’s policies/practices were the moving force of Brandon Jacque’s death and caused Brandon Jacque to be deprived of his constitutional rights to be free from unlawful seizures,” the lawsuit states.
KVUE has reached out to Butler's lawyer and the City of Burnet for a statement regarding this lawsuit. Neither could provide a comment.
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