AUSTIN -- Two and a half years after Larry Jackson Jr was shot and killed by former Austin Police Detective Charles Kleinert, the City Council voted to give his mother and widow compensation for their loss, settling a wrongful death lawsuit for a total of $600,000.
"If there was no compensation, there'd be no accountability whatsoever," said Adam Loewy, attorney for the mother and widow. "Is it the perfect result? Of course not. The perfect result is Larry's still alive."
On July 26, 2013 police were investigating a robbery at Benchmark Bank in Central Austin. They say Jackson came to the bank and allegedly tried to cash a forged check. Klienert approached Jackson and he ran. The two ended up under the Shoal Creek Bridge where Kleinert says they got into a struggle. Jackson was shot in the back of the neck.
"You had an officer who was indicted but due to a technicality from the 1800's he was able to get off Scott-free. So I think the civil settlement sends a message to the community that this was an unjustified shooting and it was wrong," Loewy said.
In November 2015, a judge dropped the manslaughter charges against Kleinert, ruling he was investigating a back robbery and therefore was working in a federal capacity. Federal officers are immune to state prosecution in certain cases. The Travis County District Attorney's office is appealing the ruling.
"This has been a very long, hard process for the family," Loewy added. "They're a very strong family but they were very focused, especially my clients, on seeing Kleinert go to criminal trial. And when that didn't happen, it was devastating."
During the council meeting, the normally vocal council didn't say much about the settlement on the dias except for Council Member Don Zimmerman, who voted against it.
"I'm not satisfied based on what I heard publicly and privately that the city tax payers should be obligated to pay this amount," Zimmerman said.
His counterparts disagreed.
"Nobody is made whole in any of these situations in any way," Mayor Steve Adler said before the vote. "But I want to thank the staff for diligently pursuing this and getting to a place that represents the best resolution.
The former City Council approved a settlement with Jackson's three children for $1.25 million, but did not take action to settle the lawsuit with his mother and widow.
"Which was disgraceful," Loewy said. "So I am very grateful that we now have a mayor and we now have a majority of this city council that understands the importance of if you're going to settle a lawsuit, settle the whole thing."
Both lawsuits were filed in 2013. City of Austin staff say the city has spent $413,000 on legal fees in the case.
