GOOD THING THIS COP WAS A BAD SHOT

Austin cop fired for shooting at unarmed man who was pulling out his wallet after traffic stop

Whenever a driver is stopped by the police, he should always remain in the car with his hands visible unless and until ordered otherwise.

CHIEF ACEVEDO FIRES OFFICER WHO SHOT AT MAN DURING TRAFFIC STOP
By Ciara O'Rourke

Austin American-Statesman
September 27, 2013

Austin Police Chief Art Acevedo said Friday that he and Officer Justin Boehm’s chain of command unanimously decided that the officer’s use of deadly force against James Barton earlier this year was unreasonable.

After a hearing Friday morning, Acevedo fired Boehm, who shot at Barton on May 8 after the 55-year-old man ran a red light and then got out of his truck when Boehm pulled him over.

Authorities have said that the officer got out of his patrol car and ordered Barton to get back in his vehicle several times, and that Boehm reported Barton ignored his orders and made “furtive” movements as if reaching for a gun. Boehm then fired one round and missed.

During a news conference on Friday, Acevedo maintained that Barton did make furtive movements but that Boehm’s actions — including how he acted toward Barton after it became clear that he had been holding a wallet, not a gun, when he got out of the car — was “objectively unreasonable.”

The termination comes one week after a grand jury declined to indict Officer Justin Boehm, who shot at James Barton about 7:50 a.m. May 8 after Barton ran a red light and then got out of his truck when Boehm pulled him over.

Barton recently told reporters that he got out of his car because he was taught to do so in driver’s ed, to show the officer he wasn’t dangerous. The 55-year-old wasn’t armed, but he said he was holding his black wallet at his waist.

He said he doesn’t remember exactly what happened next, but that he saw the outline of Boehm’s head and the barrel of a gun.

He spoke publicly about the incident for the first time last month, when the Texas Civil Rights Project filed a federal lawsuit against Boehm and the city of Austin on his behalf, alleging that the officer’s actions were irrational and that the Austin Police Department doesn’t provide adequate training on how and when to use a gun.

Acevedo is expected to speak about his decision to fire Boehm at a news conference at noon.

Jim Harrington, director of the Texas Civil Rights Project, said the chief did the right thing.

“This officer, clearly, was a danger to the community,” he said. “Whatever set him off that morning at a traffic stop showed he didn’t have the temperament or skill to be a police officer.”

Sgt. Wayne Vincent, president of the Austin Police Association, said he and Acevedo agree that the shooting was a mistake but that he thinks firing the officer was not the appropriate response.

“We believe this officer could have been re-trained, rehabilitated and we should have kept him,” he said.

Boehm may appeal Acevedo’s decision, Vincent said, but he’s still weighing his options.