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Updated: Thursday, 05 Nov 2009, 12:16 AM CST
Published : Wednesday, 04 Nov 2009, 5:53 AM CST
Austin police officer Lenny Quintana was punished by Chief Acevedo on Wednesday. However, the 15 day suspension is not for the killing.
Instead, it's because Quintana didn't turn on his in car camera during the May 11th shooting.
Police released an animated recreation of the early morning hours that uses the real voices from that shooting and expert facts, including balllistics.
The video shows Quintana trying to wake up a sleeping Nathaniel Sanders. When the gun is discovered in Sander's waistband, Quintana moves back and starts firing, hitting and killing the 18-year-old.
In a wider view of the scene, Quintana is also seen shooting Sir Smith.
The video, several investigations, and for the first time Wednesay, an interview with Quintana, all helped Chief Art Acevedo hand down his much anticipated decisions. Both shootings were justified and Quintana's tactics did not violate department policy.
"I have to use a reasonable officer standard and I must judge that officer based on the totality of the circumstances and when you do that and you remove the emotion of this incident," Acevedo said. "I think it would be a disservice to the men and women of the austin police department and the community that we serve to sustain a policy violation of tactics."
The Chief gave Quintana 15 days suspension for not turning on his mobile video recorder during the shooting. Effective immediately, the Chief has revised the general order regarding mobile video recorders.
Officers now have more situations when they have to turn them on than before. Punishment for officers who don't turn on their MVR's are tougher. A second infraction means indefinite suspension.
That's why Austin Police Association President, Wayne Vincent plans to warn all members to turn on their in car cameras no matter what.
"He's had 6 months of scrutiny," Vincent said of Quintana. "He's very exhausted and I think he's very happy that there's at least a resolution from the department."
Chief Acevedo also handed out a three day suspension to officer Mohammad Siddiqui for not turning on his in car camera that night.
Meantime, Quintana can still appeal the 15 day suspension but may pass to put all this behind him.
when he returns, Chief Acevedo says he will be patroling a different area.
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