NAACP to file human rights violation against city for wrongful d - | KTBC Fox 7 | News, Weather, Sports

NAACP to file human rights violation against city for wrongful death

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Local NAACP President Nelson Linder told city leaders Thursday that he's ready to file a human rights violation against the Austin city government and feels that city leaders have abandoned the African American community in Austin.

"We're going to show that you're not treating African Americans in this city on an equitable basis," Linder told council members.

He and retired APD assistant chief Sam Holt say that the family of Byron Carter, Jr., who was shot and killed by Officer Nathan Wagner, deserve some sort of compensation.

"City administrators should handle the issue as an administrative issue and compensate the Carter family for the loss of Byron Carter," said Holt.

According to police, in May of 2011, Carter and Lee Webb were in a car together while officers Wagner and Jeffrey Rodriguez were looking for car thieves. When the two men saw officers catch up with them, police say Webb hit Rodriguez with the car and that's when Wagner fired, killing Carter. Carter's family and supporters believe he and Webb were racially profiled and that Wagner used excessive force. However, Wagner was cleared of criminal wrongdoing and also cleared in a civil case in which Carter's family was asking for $1.5 million.

"It was a lawful shooting, tragic, but lawful and consistent with policy and more importantly, nobody found evidence of racial profiling," APD Chief Art Acevedo told FOX 7. He believes the case is closed, but Linder says it isn't over yet and that's why he's speaking out against city leaders. "They have a daily responsibility. It's their job to ensure that these families are properly protected in the city of Austin."

"I think after 6 years here, I've called them like I see them. I've called it consistent with policy and the law and at the end of the day I think although we may not agree because we're looking at it through different prisms, I think they'd be hard pressed to say I don't do the right thing for the right reasons," says Acevedo.

Linder will file a human rights violation and give a presentation at the Human Rights Commission meeting July 22.

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