Burglar pins Austin Police patrol car against a tree... - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Burglar pins Austin Police patrol car against a tree...officer shoots driver

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A little after midnight Saturday morning, Austin Police were called out to an industrial complex near Mopac and 183 (9400 block of Neils Thompson) for a broken glass alarm.

As the first officer drove up, police say he saw a guy putting something into a car.

As the officer parked, they then say the suspicious car backed up and started plowing into his police car.

Police say the officer yelled at the suspects to put their hands up.  The passenger did as he was told but the driver just kept on coming -- pinning the officer's patrol unit against a tree.

Austin Police Chief Art Acevedo said the officer was basically riding the floorboard, holding the door with one hand and his pistol with the other.

"The officer, fearing that he was going to be ejected and either pinned and killed or seriously injured, discharged several rounds...a volley of rounds at the driver," Acevedo said.

Acevedo says the passenger, a 20-year-old white male was taken into custody.  The driver -- who Acevedo describes as a 40-year-old "white male-Hispanic" was taken to Brackenridge.

"I can tell you that the entire incident is captured on video.  When we release that video, it will be a very powerful tool for the prosecutor, the grand jury and ultimately the people of the city to see exactly what happened out there," Acevedo said.

Acevedo was asked how he feels about his officer's reaction to this situation in light of recent criticism of the department and their use of lethal force.

"Everybody always wants to play a numbers game in our city whether we've had too many shootings, not enough shootings.  That's not the issue.  The issue is for me and I think for...I don't want to speak for the [police] monitor or for our community is...we don't need to look at the number of shootings, we need to look at the officers.  Every single incident is taken as a stand alone incident and is judged by the totality of the facts, the circumstances and the evidence.  And it's not a matter of whether it's too many or too little, it's a matter of whether the use of force was lawful," Acevedo said.

The driver who was shot was in stable but serious condition at Brackenridge as of this morning.

The officer only has a minor leg injury.  Of course he's being put on administrative leave during the investigation.
Acevedo didn't know whether the two men were armed or not, but says they used their vehicle as a deadly weapon.

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