Footages gathered from dash cam, police body-worn cameras, a bystander's mobile phone as well as surveillance CCTV have been released by the Austin Police Department on Wednesday in connection with the fatal shooting of Alex Gonzales in January.
After nearly four months, the APD had been working with the Office of Police Oversight and the Travis County District Attorney’s Office to release the video footage to the public. However, in compliance with state law that prohibits the release of significant information to maintain the integrity of the investigation, the video materials have been redacted or edited.
The department said the edited video does not include comprehensive footage of the officers’ actions but it is intended to provide additional context about the incident, Fox News reported.
On January 5, just shortly after midnight, off-duty APD officer Gabriel Gutierrez called 911 to report a shooting that stemmed from a road rage incident between him and Alex Gonzales.
Gutierrez's recorded call with the 911 dispatcher said, "It was a road rage incident. I was driving and he cut me off, and he pointed a gun at me. ... The driver of the vehicle — he’s shot."
No dashcam footage is available during the encounter as Gutierrez was in his personal vehicle. However, surveillance video captured Gonzales pulling up beside Gutierrez’ car and straddled the off-duty cop’s vehicle onto the sidewalk. From that point, several muzzle flashes were caught on camera.
Officer Luis Serrato was the first to arrive at the scene. Police yelled several times at Gonzales to put his hands up and to stop moving as he was standing near the driver's side of the car. But despite the officers’ warning, Gonzales walked around the back of the car while the officers can be heard yelling: "Put your hands up! ... Do not reach! Do not reach!”
He then opened the back seat and Officer Serrato fired 10 shots at Gonzales. He was pronounced dead at the scene minutes after EMS arrived. Authorities located a gun on the floorboard of the driver's seat in Gonzales’ vehicle.
In its bid for transparency, the APD released a statement regarding the the video footage.
"The Austin Police Association (APA) has reviewed the video released today by the Austin Police Department regarding two of our members. The APA and our membership value human life and neither officer who used force in this case woke up that day hoping to be involved in a shooting. The unfortunate reality of police work is that officers are oftentimes put in situations where they are forced to react to the actions of others and at times, these situations end with terrible outcomes.
"The APA hopes that the family of Mr. Gonzales can one day find closure. We feel for his loved ones and we understand their pain.
"We also hope that our members can be treated fairly while this case goes through the Travis County criminal justice system. The APA hopes that our members are never put into a position to have to use deadly force ever again, but we sadly know that this is not a situation of if it will happen again, but when. The APA believes that our officers have a right to defend themselves and others and we firmly stand with Officers Gutierrez and Serrato."
Serrato’s bodycam footage was among those released on Wednesday. His attorneys say the release of the video is premature and had sent an open letter to interim Austin Police Chief Joseph Chacon and Travis County District Attorney José Garza on Tuesday asking them not to release the video.
“Releasing video footage under the guise of transparency, in this manner and at this time, is completely counterproductive to the overriding goal of maintaining fairness in our justice system and ensuring public confidence that the system worked properly,” Serrato’s attorneys wrote.
As per APD policy, videos of critical incidents are to be released within 60 days.
Meanwhile, the attorney representing Gonzales' family, Scott Hendler, told KXAN the events leading to Gonzales' death was "unconscionable" and "has no credible defense for it.”
"He walks to the other side of the vehicle where his girlfriend and the mother of his child is lying on the ground, wounded, to check on her."
"She asks him to check on the baby. He then opens the back door to look in and leans in to check on the baby, and that’s when he’s shot," Hendler told the outlet.
Gonzales's girlfriend suffered multiple gunshots and was transported to a hospital along with the baby that was unharmed.
The APD is now conducting two separate investigations for Officer Gutierrez and Officer Serrato.
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