Crime & Safety

7 Austin Cops Cleared After Fatally Shooting Suspect

Incident dates to Feb. 19, 2018, when Thomas Vincent Alvarez, 23, died at the scene along Edge Creek Drive after allegedly pointing gun.

AUSTIN, TX — The Travis County district attorney said this week a fatal officer-involved shooting in South Austin last year was a justified killing when seven police members shot him dead.

The incident dates to Feb. 19, 2018, when Thomas Vincent Alvarez, 23, died at the scene along Edge Creek Drive after being fired on by police after allegedly pointing a gun at officers. The DA's office released dashcam video of the incident on Wednesday that begins with footage of police commanding Alvarez to get on the ground after exiting a cab in front of his roommate's mother's house where he was reportedly uninvited.

The DA said the man had gotten into arguments with his roommates prior to the incident, leading one to dial 9-1-1 when he showed up at the woman's home after having been acting erratically prior to his arrival.

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In a previous press conference on the incident, Austin Police Department Chief Brian Manley said the man pointed a gun to his head when confronted by police before aiming the firearm at them before being fatally shot by officers.

District Attorney Margaret Moore said in a press release she would not present the case to a grand jury given her assessment of justifiable force by the officers involved. The officers involved in the shooting are: Benjamin Rogers (APD Badge # 7557), Deandre Wright (APD # 7238), Khristof Oborski (APD # 4498), Matthew Henion (APD #7072), Nicholas Gebhart (APD #7298), Rafael Rosales (APD # 4421) and Robert Brady (APD # 7594).

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"The Travis County District Attorney’s Office has determined that the credible facts establish that the officers’ use of force was justified under applicable Texas law governing when an officer may use deadly force," the DA's office wrote. "In accordance with the Office’s policies, District Attorney Margaret Moore will not present this case to a grand jury for possible indictment and has issued a declination letter summarizing the facts of the investigation and the legal analysis forming the basis for her decision."

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