Sources: Jury clears former APD officer in wrongful death lawsuit

AUSTIN (KXAN) — A jury has cleared a former Austin Police Department officer in a civil wrongful death lawsuit, according to sources familiar with the court proceedings.

The jury cleared Gabriel Gutierrez in the lawsuit related to the 2021 police shooting of Alex Gonzales. The officers involved in the shooting never faced criminal charges. The department also previously cleared them of wrongdoing as

a result of the internal investigation into their actions.

KXAN has reached out to the city attorney’s office, as well as the plaintiff’s attorney, and will update this story when we receive responses.

The department said the incident started when Gonzales allegedly cut off Gutierrez, who was off-duty at the time, and then pointed a gun at him. APD said Gutierrez called for backup.

APD said its investigation revealed that when Gutierrez came into contact with Gonzales, Gutierrez acted as a private citizen who defended himself in the face of a deadly threat.

Once on-duty officers arrived on the scene, APD said Officer Luis Serrato shot Gonzales as he was outside his car, reaching into the back seat and ignoring commands. Police found a gun in Gonzales’ car, but his family claims he was reaching for his baby, not a weapon.

Gonzales’ family believes the criminal justice system and the police department did not properly hold Gutierrez accountable, so they sought justice through the lawsuit, according to court documents as well as previous statements the family has made publicly.

“Trying to do what I can, the best that I can for my son,” Gonzales’ mother said at a City Hall event around the time it was announced the officers wouldn’t face charges or disciplinary action.

In May, the city settled a lawsuit with Gonzales’ girlfriend for $550,000. She was with Gonzales in the car during the incident and was shot and injured. Her attorney said he hopes the “recent order and this settlement will encourage the City to reflect and change the way APD investigates shootings.”