TRAVIS COUNTY, Texas — Editor's note: The above video was published in September 2019.
On Tuesday, a Travis County special grand jury concluded its review of the Sept. 22, 2019, death of Fred Babcock involving Austin Police Department Officer Matthew Harmatuk. The jury did not return an indictment for Harmatuk, according to a press release from the Travis County District Attorney's Office.
On that night in September 2019, the APD received a 911 call from a woman stating that her husband, 74-year-old Fred Babcock, had hit her, threatened to kill her, had a handgun and had put it in her face. According to KVUE's previous reporting, the woman told 911 that she was able to lock herself into a bedroom and her husband was trying to enter the room.
Officers arrived at the residence, located at 2104 E. Anderson Lane, and approached the door to force injury, but the woman unlocked the door. Officers moved the woman out of harm's way, as well as themselves.
The woman confirmed her husband was the only other person inside the residence and had access to multiple firearms, the DA's office said. After multiple attempts to make contact with Babcock, APD SWAT was called to assist.
According to the DA's office, SWAT officers gave many commands for Babcock to surrender peacefully. However, he failed to comply and instead opened the door to the residence and fired his gun at officers occupying an armored vehicle.
It was at this time that Harmatuk fired a single shot that incapacitated Babock, leading to his subsequent death.
Then-APD Chief Brian Manley said at the time that no SWAT officers were injured by Babcock's gunfire but the tactical vehicle was hit.
"Our office takes the work of presenting all facts and evidence to a grand jury very seriously, especially when a member of our community has died," Travis County DA José Garza said. "In this case, an independent group of members of the Travis County community, after being sworn in to uphold their duties, heard the evidence and law and decided that Mr. Harmatuk’s conduct was lawful."
KVUE reported in 2019 that Harmatuk has been with APD since 1995.
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