Austin American-Statesman - 06/21/2021 Page : A01

Austin FC home opener is a major step for city

SPORTS, 1C

MONDAY, JUNE 21, 2021 | STATESMAN.COM PART OF THE USA TODAY NETWORK

OFF-DUTY POLICING Austin’s Indeed Tower being sold California company will pay $580 million

Shonda Novak and Bob Sechler Austin American-Statesman USA TODAY NETWORK

A California #rm is buying Indeed Tower, the newly completed 36-story high-rise in downtown Austin that is the city’s tallest o"ce tower, for $580 million. Kilroy Realty Corp., a publicly trad- ed real estate investment #rm, an- nounced the purchase. Local commer- cial real estate brokers said the sale shows Austin is a hot commodity for investors. The acquisition “will bring immedi- ate #nancial and strategic bene#ts to the company, including the opportuni- A memorial marks the spot where Alex Gonzales Jr. was fatally shot by an Austin police officer Jan. 5 on ty to grow earnings and create value Wickersham Lane. PHOTOS BY ANA RAMIREZ/AMERICAN-STATESMAN through additional lease-up, the cre- ation of a platform for future growth in the region and the enhancement of the company’s already strong tenant cred- Cops’ o!-the-clock See SOLD, Page 6A

actions add risk Children On-scene confusion, liability issues among dangers in shelters Tony Plohetski Austin American-Statesman | USA TODAY NETWORK

n the early morning hours of Jan. 5, o!-duty Austin police o"cer Gabriel Gutierrez su!er panic faced a split-second decision when he claimed 27-year-old Alex Gonzales Jr. pointed a attacks gun at him in a moment of road rage. h In the dark of night, with a loaded #rearm but Medical emergencies without the full armament of police equipment, the two-year o"cer could have retreat- reveal migrants’ stress ed,I described the car and given its license plate to 911 dispatchers before allowing uniformed o"cers to take charge. Or he could have forsaken his role as a private citizen to play the part of Julie Watson, Amy Taxin and an on-duty police o"cer, taking more aggressive steps to try to stop Gonzales as the situation Adriana Gomez Licon ASSOCIATED PRESS rapidly escalated in the ensuing moments. Paramedics were called regularly to treat children su!ering from panic at- By now, Austin knows the tragic outcome: Gutier- tacks so severe their hands would con- rez shot and injured Gonzales, who had his wife and strict into balls and their bodies would baby in the car, then called for more o"cers to shake. swarm the scene. As police footage shows, arriving The outbursts often occurred after o"cer Luis Serrato shot and killed Gonzales as he other children were taken away to be reached into the back seat, where his son was reunited with families, dashing the strapped into a car seat. The Gonzales family be- hopes of those left behind at the larg- lieves he was frantically trying to check on the in- est emergency shelter set up by the Bi- fant. den administration to hold minors Austin Police Department o"cials said investiga- who had crossed the U.S.-Mexico bor- tors found the gun that Gutierrez said was pointed at der alone. him, but o"cials haven’t said whether they believe The conditions described by a fed- Gonzales had the gun on him when the fatal shots eral volunteer who spent two weeks in were #red. His autopsy report has not been made May at the shelter at Fort Bliss Army public. Base in El Paso highlight the despera- “There is a series of irresponsible and reckless be- tion and stress of thousands of chil- havior that created the situation,” said attorney Brenda Ramos, left, comforts Elizabeth Gonzales in dren held at unlicensed facilities, wait- April where her son was killed by an Austin police ing to reunite with relatives. See OFF DUTY, Page 4A officer. Ramos’ son also was killed by an officer. Some had marks on their arms

See PANIC, Page 6A

High Quality & Longer NEVER PAINT AGAIN! Traditional Paint Rhino Shield It’s Not Paint...It’s Better! Ceramic Coating Lasting Paint Services • Surface Preparation WE ARE A LOCALLY OWNED EXTERIOR HOME PAINTING COMPANY Don’t Paint. Don’t • Timely Services BRICK • STUCCO • ALUMINUM • METAL Vinyl. GO RHINO!! 660%0% WWATERATER 221%1% WWATERATER 446%6% EELASTOMERICLASTOMERIC • Painting • Won’t Chip, Flake, Crack or Peel RRESINESIN • Experienced Team 117%7% PPLASTICIZERSLASTICIZERS • 25 Year Non-Prorated 117%7% PPIGMENTSIGMENTS • Fast Cleanup 15% OFF 112%2% PPIGMENTSIGMENTS CCERAMICSERAMICS & • Satisfaction Guaranteed Transferable Warranty 111%1% FFILLERSILLERS 116%6% MMELDEWCIDESELDEWCIDES MATERIAL • Thousands of Colors to Choose From • Satisfaction 25 YEAR • Licensed Bonded Insured & LABOR Free Estimate Call to schedule a FREE estimate! • No-Hassle Outdoor Painting Only WARRANTY Expires 7/31/2021 Consultation Satisfaction It’s Not Paint. (512) 975-4813 Guaranteed! AX-0000642373-01

New era in relations Wonders of science Weather Volume 150 | No. 331 To subscribe 512-445-4040 U.S., Israel reach crossroads in New robotic tool allows doctors to find High 98° | Low 70° ©2021 $2.00 XGFGGI-20202y diplomatic relationship. 2A lung cancer earlier. Metro & State, 1B Storms. Forecast, 8B

June 21, 2021 4:19 pm (GMT -5:00) Powered by TECNAVIA Austin American-Statesman - 06/21/2021 Page : A04

4A |MONDAY,JUNE 21,2021|AUSTIN AMERICAN-STATESMAN O! duty

Continued from Page 1A

Scott Hendler, who represents the Gon- zales family in a lawsuit against the city. As multiple investigations continue, much of the focus among detectives rests on an aspect of policing that often receives little examination: the peril of law enforcement o!cers taking o!cial action while o" duty. Although it might seem heroic for a plainclothes, o"-the-clock o!cer to chase a bank robber or to begin direct- ing tra!c after an accident, experts say o"-duty o!cers generally are discour- aged from getting involved in situations, no matter how benign. Doing so can cause them to put themselves in danger, create confusion among on-duty o!- cers and spark legal questions about whether their employers might be held liable if the encounter causes injury or death. Most policies and experts agree on one of two situations, however, when doing so is justi#ed: when o"-duty in- tervention could save a life or stop someone from getting badly hurt. “Yes, you are a cop 24/7, but don’t act About 100 activists gathered at Huston-Tillotson University in East Austin last month and marched to Chicano Park in that way,” said Howard Williams, a for- honor of Alex Gonzales Jr., who was killed in a police-involved shooting in January. AARON MARTINEZ/AMERICAN-STATESMAN mer Austin police commander and for- mer San Marcos police chief who now is a lecturer at Texas State University. rare for o!cers nationally to use lethal the situation in to an on-duty unit,” she building could be named as a defendant “That is one of the things they teach in force in an o"-duty encounter, accord- said. “O!cers know what makes a good in a suit by the family of a man he shot cadet class. When you are o" duty, be o" ing to experts, although no group or or- witness.” during a confrontation. The Texas Su- duty unless there is a true emergency.” ganization tracks such data. Bracewell pointed out that there is no preme Court ruled that he could not be The investigations into Gonzales’ The last time an Austin police o!cer Texas law requiring o!cers to intervene sued as an employee of the apartment death by the Police Department’s spe- received serious discipline for doing so while o" duty, although state law allows company and that he had immunity as a cial investigations unit and internal af- was in 2016. In that case, o!cer Jona- them to act as peace o!cers even if they police o!cer. fairs division and the Travis County dis- than LaBorde chased a man who ran are not on the clock. In Gonzales’ death, the family’s law- trict attorney’s civil rights division will through his church after committing a Williams said o"-duty o!cers might yer said Gutierrez set in motion a chain look into whether both o!cers were jus- theft and threatening a store clerk with not be e"ective because possible sus- of events that should have been handled ti#ed in using lethal force under Texas a knife. pects or bystanders might not believe di"erently. Gutierrez’s contention that law and the department’s administra- While many of his colleagues praised they are in law enforcement if they Gonzales pointed a gun at him is in dis- tive policy. There is no timeline for when him, police o!cials initially suspended aren’t wearing a badge or uniform. That pute, and the o!cer acted recklessly by those investigations will be complete. LaBorde for 10 days but later reduced lack of trust can amplify a situation in- shooting into a car, Hendler said. Gon- The analysis of whether Gutierrez le- that discipline to a written reprimand. stead of de-escalating it, he said. zales’ wife, who o!cials say played no gally used lethal force to defend himself O!cials said at the time that they dis- In rare circumstances, however, o"- role in the incident, also was shot and is will not change because he was an o"- ciplined LaBorde for not more quickly the-clock o!cers might have little or no recovering from her wounds. Her baby duty o!cer. Texas law is the same for turning the situation over to on-duty of- choice but to become involved “if there was unharmed. both o!cers and civilians, allowing #cers upon their arrival — not simply for is a bona #de emergency going on,” he Hendler said that had Gutierrez sim- them to use lethal force if they believe it becoming involved. said. “When the time comes and you ply reported the incident, on-duty o!- is “immediately necessary,” said Geary Nationally, the April shooting deaths have to step in, you do step in, and you cers could have conducted a tra!c stop Reamey, a professor at St. Mary’s Uni- of two men who were reportedly trying kind of take your chances.” and more safely questioned Gonzales versity Law School in San Antonio. to break into cars in suburban Washing- Legal issues can emerge, as well, af- about the encounter. Reamey said shooting a person ton by an o"-duty Pentagon police o!- ter an o"-duty o!cer takes action. That “That is what should have happened, pointing a gun at a victim might be justi- cer led to murder charges against him. was the case in 2019 when the issue of and it didn’t,” he said. #ed, unless there is evidence that the According to published reports, the o!- whether a Navasota police o!cer help- person acting in self-defense provoked cer #red on three men who were driving ing provide security at an apartment the other person’s actions. away from the scene. The Pentagon po- But experts say Gutierrez’s earliest lice acting director said in a statement decisions to engage while o" duty might that the department would conduct a

draw the harshest scrutiny, leading to “stand down with o!cers to ensure they CODE BONUS TODAY’S possible administrative action against have a full understanding of their o"- him that could include termination. His duty responsibilities.” attorney, David Frank, declined to com- And in late May, an o"-duty police of- ment on the speci#cs of the incident. #cer in Copperas Cove, 70 miles north- “There is an increase in gun violence, west of Austin, made local headlines af- and police do dangerous work,” Frank ter he was charged with shooting and said. “Right now, we are going through a wounding a woman after a road rage in- period where police are presumed to be cident. That o!cer, who resigned, faces acting without thinking, and that is not charges that include aggravated assault QUVKLWZ the case for every police o!cer.” and causing serious bodily injury. The Copperas Cove police chief said in a BONUS CODE Policy prohibitions statement that the department did not support his decision to use deadly force. 1) Register and enter codes at: www.diningdealsusa.com Departments across the nation gen- 2) Enter today’s code before Wednesday, June 23 at 11:59 p.m. erally o"er the same guidance to o!cers Reasons to hold back 3) Redeem today’s bonus code for coupon redemptions about getting involved in an o"-duty in- that interest you. Coupons cover restaurants, travel, cident. Tammy Bracewell, a criminal justice family fun, automotive,,ppg shopping and more! According to Austin Police Depart- professor at Texas A&M University- ment policy, “Reporting to the appropri- Central Texas, said department poli- ate law enforcement and safe monitor- cies, such as Austin’s, that discourage ing of suspected criminal activity is police action while o" duty are appro- generally favored” over taking o"-duty priate for many reasons. She said one action. The policy strongly discourages reason is a lack of equipment, including any law enforcement action in response gear that can help keep o!cers safe, to minor crimes but adds that o!cers such as handcu"s and radios to call for should take “reasonable action” to mini- backup. mize the threat of serious injury or “In most situations — not all — the death. best route for an o!cer o" duty is to Because of such prohibitions, it is take the role of a good witness and call

!" # $%

!"# $%&' () !"#$ %&'()"* +,-". /01234&5 /"67( 89:)3 .;<==>5? @&A.:#AB CD /"E F,GH IJ:KLM& " NOPQRA"KSTU .VWNXY ZG[. \]^ "^_ `aT&..b cdefgh 8i /:==D#1a$BAa"a&A="#B/:=jH):?)"=AjA;1=RA"P&j

A prog!am "f: Fund #d$in%st&'()*+

AUSTIN ! !ustin Com" #n$ty ! !"#! ! " FOUNDATIO! "#$%&'()*+ Cult!ra"P#aces, N$%&'() Sp*+,-

June 21, 2021 4:20 pm (GMT -5:00) Powered by TECNAVIA