AUSTIN, Texas — A special grand jury in the case of the shooting death of Hugo Alvarez by an Austin Police Department SWAT Officer has decided not to return an indictment.
The Travis County District Attorney’s Office said the jury reviewed evidence and witness testimony for nearly 16 hours before reaching the decision not to indict the two officers who opened fire after the confrontation last year.
Officer Massiel Taveras and SWAT member Matthew Judd responded to the standoff at the 5000 block of Ponciana Drive in Austin around 11 p.m. on March 18, 2018.
Around 10 minutes later, a shot fired from inside the residence hit one of the responding officers in the arm.
The district attorney’s office said Taveras returned fire but did not hit anyone. Neighbors were then evacuated as the SWAT team moved in.
“The person inside the house was identified as Hugo Alvarez and police attempted to negotiate with him, calling his cellphone and using hailing devices (PA system) to get him to surrender peacefully,” the district attorney’s office said. “At no time did Alvarez respond to APD’s efforts to establish a line of communication with him. During the time APD was trying to contact Alvarez, over the course of several hours, multiple gunshots were heard being fired from inside the house.”
A robot was used around 2 a.m. to enter the duplex. Footage from the robot reportedly showed Alvarez using his mother as a human shield, prompting officers to notify responders he had a hostage.
Alvarez exited the residence closely behind his mother, at which point Judd fired one shot, hitting Alvarez. He was pronounced dead around 2:10 a.m., according to the district attorney’s office.
Alvarez’s family has filed a lawsuit against the Austin Police Department and the City of Austin, alleging Judd knew Alvarez was not armed when he fired at him.
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