Austin Police Chief Places Cop Who Killed Unarmed Teen On 'Indefinite Suspension'

AUSTIN, TX -- The state’s largest police union is condemning a move to fire a police officer who fired an unarmed, naked teenager last month, vowing to fight to regain his job.

Police officer Geoffrey Freeman killed a black 17-year-old within seconds of their encounter after his North Austin neighbors called police describing the youth’s erratic behavior. By the time Freeman came upon the teenager, the youth was unclothed.

Austin Police Department Chief Art Acevedo announced Monday he has placed the officer on indefinite suspension -- essentially firing him -- for what he described as a violation of department policy for firing upon the teenager. Freeman, who also is African American, later told investigators the teenager, David Joseph, charged at him after ignoring his commands to comply.

"Austin Police Department takes the use of force, deadly force, very seriously," Acevedo said at a Monday afternoon press conference. "We have to hold our office to the highest standards."

The teen was not armed at the time of the fatal shooting. Freeman shot him three times, according to a subsequent toxicology report.

Community advocates have questioned Freeman’s recollection of events.

They point to the quick time it took to shoot the young man as an indicator no attempt to ascertain the young man’s state of mind wasn’t first made. Advocates also point to his nudity as another tell-tale sign of some sort of mental stress.

Assuring the internal investigation that led to Freeman's effective firing was thorough and examined through the chain of command, it was ultimately determined that Freeman acted in violation of department policy in showing improper response to resistance and lack of objective reasonableness.

"We do not believe his use of deadly force was justified in this case," Acevedo said. "We don't believe they were consistent of the standards, the training of the Austin Police Department."

But police union officials take a decidedly different stance.

Tension between union members and the police chief escalated after Acevedo met with local members of the Black Lives Matter movement days after the shooting to defuse their anger, assuring them a thorough internal investigation would be conducted within 30 days.

In a statement ahead of Acevedo’s decision to place the officer on leave, union reps alluded to that earlier press conference.

“Rather than taking the time needed to conduct a thorough and impartial investigation into the tragic events of Feb. 8, 2016, Chief Acevedo instead chose to send signals to the news media, political activists, rank-and-file police officers and even a cadet class that he intended to fire Officer Freeman no matter what the facts in the case might show,” said CLEAT President Todd Harrison, an Austin police sergeant, in a prepared statement.

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CLEAT executive director Charley Wilkison added the union would do everything within its power to restore the officer’s job and reputation.

“CLEAT will use the resources necessary to ensure that Officer Freeman’s good name is restored and that he will be back to work serving the community he’s called home all of his life,” Wilkison said.

Others representing Freeman’s interests took the offense immediately following the teen’s death. Members of the police union and Freeman’s attorneys previously suggested Joseph was likely under the influence of PCP to explain his behavior.

But a toxicology report concluded last week showed no PCP was in Joseph’s system at the time of his death. Instead, traces of Xanax and marijuana were found in the youth’s system.

The 17-year-old’s death was ruled a homicide by the Travis County medical examiner’s office. An An autopsy report concluded the shooting occurred a distance greater than two to three feet.

“I would emphasize there was no PCP in David Joseph’s body,” Travis County District Attorney Rosemary Lehmberg said following the toxicology report, as reported by the Austin American-Statesman. “And there has been so much speculation I think it is important.”

The DA's office is still mulling the idea of lodging criminal charges against Freeman, with the possibility of presenting the case to a future grand jury.

The Austin Police Association also has been critical of Freeman’s treatment, citing not incompetence or department violations for the shooting but shortages of police officers as the cause, according to the union’s president Ken Casady.

"Our department is currently over 145 police officers short,” Casady said at a Feb. 18 news conference. “That number is only going to continue to go up over the next year. Most of these vacancies are on patrol, where staffing vital to insure that officers have more options when forced to make split-second decisions.”

Casaday said there were only seven officers working on the day of the shooting in what’s known as the Edwards Sector, a part of the police beat located in Northeast Austin, Casaday said. After Freeman shot Joseph, it took a full three minutes for backup to get to the scene, Casady said at the time.

He criticized Acevedo for taking pride in bringing the department in under budget:

"He expects us to be safe, keep the community safe, without sufficient backup,” Casady said. “The Austin Fire Department operates at 100 percent every day. Why doesn’t the Austin Police Department? Our administration has been saving dollars, and it looks like it may have cost a life."

He labeled Acevedo’s meeting with the Black Lives Matter movement members as “insulting.”

Acevedo reacted to that criticism shortly afterwards: "I am aware of the comments made by the Austin Police Association," he said in a prepared statement. "While I respect their views, I will not be commenting any further."

He did add, however, that he owed it to Joseph's family to order a thorough investigation into the matter.

"As stated last week, our focus is on a complete and impartial investigation, which we owe to both the Joseph and Freeman families, as well as the Austin community."