Discipline of APD Officer Still Uncertain

Chief asks for more time to consider possible discipline in fatal police shooting

Byron Carter
Byron Carter

Austin Police Chief Art Acevedo this week told the Texas Attorney General's Office that he'll need more time before making a determination about whether to discipline Officer Nathan Wagner, responsible for the May shooting death of 20-year-old Byron Carter, a passenger in a car that Wagner and his partner were attempting to stop. State civil service law provides a six-month window for police officials to impose discipline – anything from a reprimand to termination – based on the outcome of an administrative inquiry into whether department policies or procedures were violated during a given incident. In a press statement, Acevedo said he's asking for the extension because a criminal inquiry into the incident is ongoing and the case has not yet been presented to a Travis County grand jury. To conclude the administrative inquiry – by either clearing Wagner or imposing some discipline while the criminal investigation is ongoing – would "substantially affect the integrity of the pending criminal investigation," he said. Adam Loewy, the Carter family's attorney, was not pleased. "We are very disappointed with this delaying tactic," he said. "Justice delayed is justice denied." (For more, see "Carter Called Home Before Fatal Police Shooting," Oct. 21.)

A note to readers: Bold and uncensored, The Austin Chronicle has been Austin’s independent news source for almost 40 years, expressing the community’s political and environmental concerns and supporting its active cultural scene. Now more than ever, we need your support to continue supplying Austin with independent, free press. If real news is important to you, please consider making a donation of $5, $10 or whatever you can afford, to help keep our journalism on stands.

Support the Chronicle  

READ MORE
More Art Acevedo
Acevedo Out, Manley In, Search for Permanent Chief is On
Acevedo Out, Manley In, Search for Permanent Chief is On
Police chief leaves after nine-and-a-half years of local service

Chase Hoffberger, Nov. 25, 2016

Memories in Memo-Land
Memories in Memo-Land
Tracking back on Marc Ott's previous disciplinary memo to Acevedo

Chase Hoffberger, May 13, 2016

More by Jordan Smith
'Chrome Underground' Goes Classic Car Hunting
'Chrome Underground' Goes Classic Car Hunting
Motoreum's Yusuf & Antonio talk about the biz and their reality TV debut

May 22, 2014

APD Brass Shifts Up, Down, Across
APD Brass Shifts Up, Down, Across
Musical chairs at Downtown HQ

May 9, 2014

KEYWORDS FOR THIS STORY

Art Acevedo, Nathan Wagner, police shooting, Byron Carter

MORE IN THE ARCHIVES
NEWSLETTERS
One click gets you all the newsletters listed below

Breaking news, arts coverage, and daily events

Can't keep up with happenings around town? We can help.

Austin's queerest news and events

New recipes and food news delivered Mondays

All questions answered (satisfaction not guaranteed)

Information is power. Support the free press, so we can support Austin.   Support the Chronicle