The suit, filed in federal court on Tuesday, alleges that Whitted improperly tried to disarm Schaefer before shooting and killing the man at his North Austin home on March 1, 2013.
A Travis County grand jury declined to indict Whitted of any criminal wrongdoing in connection with the shooting in June.
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| Jonathan Whitted |
But a citizen panel that reviews police shootings concluded about a month later that Whitted was responsible for the circumstances that led to Schaefer’s death even if he was justified in using deadly force against the 70-year-old.
The lawsuit cites a memo a member of the Citizen Review Panel wrote to Austin Police Chief Art Acevedo that describes the officer’s “inept disarming technique.”
Schaefer had called 911 on that morning in 2013 to report that he had shot and killed a pit bull that had attacked him in his backyard.
After he twice refused a dispatcher’s request to put his gun away before police arrived, according to authorities, Schaefer emerged from his home with his handgun visible in a holster on his hip as Whitted approached the front door of the residence.
Whitted reached for one of Schaefer’s hands to restrain him and secure the gun while he investigated what happened, and Schaefer pulled his hand away, drew the gun and pointed it at Whitted, according to the Travis County district attorney’s office.
Whitted then drew his gun and shot Schaefer twice in the chest.
The city did not immediately respond to a request for comment about the suit.
(Austin American-Statesman - Feb 23, 2015)
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