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Attorneys for family of police shooting victim respond to detective involved retiring

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Attorneys for the family of Larry Jackson Junior are responding after the Austin police officer who fatally shot him, abruptly retired. Detective Charles Kleinert turned in his resignation letter late Tuesday afternoon.

"He did it to avoid telling the truth about what occurred," said attorney Bobby Taylor.

"I think what this confirms is he was definitely going to get fired and I believe there was a back room deal that was struck," said attorney Adam Loewy.

Attorneys Bobby Taylor and Adam Loewy represent Jackson's family.

Last July, police say Kleinert chased after Jackson when employees at a Benchmark Bank claimed he was attempting to commit forgery. The two struggled and Kleinert claims the gun accidentally went off killing Jackson.

Taylor represents Jackson's three children.

"They don't know what happened to their father other than they're being told he was shot in the back of the head and that's difficult and they will never know because this officer stepped away from law enforcement here in the City of Austin and they were the only ones that were going to make him answer the hard questions," Taylor said.

Kleinert's attorney Randy Leavitt tells FOX 7 his client did what was best for his family from a financial standpoint. At close to 20 years in law enforcement Kleinert was eligible for full retirement benefits this December. He was able to buy out his time and retire now.

The Jackson family attorneys plan to fight for any paperwork from the internal affairs investigation as it exists.

Loewy represents Jackson's mother. She has sued the city.

"We don't feel this was justice because this was murder was done. This was a criminal act," said Loewy.

The investigation was plagued with controversy early on. Days after the shooting, details from Kleinet's confidential interview with internal affairs officers and the police monitor were leaked to the media.

Then, a report surfaced showing APD reported the shooting as justifiable homicide to the attorney general's office. That occurred before the officers who wrote the report had a chance to interview Kleinert.

The criminal side continues. With a grand jury date hanging over his head, Austin Police Association President Wayne Vincent says Kleinert had no choice but to end his career.

"He's got a grand jury coming up and the department has completely gone against protocol with the leak that came out. They are still intent on finishing their investigation prior to the grand jury. I think he had to retire just so he could enjoy the same rights as any other citizen has and that's a fair hearing in front of the grand jury," said Vincent.

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