City of Austin
FOR IMMEDIATE RELEASERelease Date:
Contact: APD Public Information Office 512-974-5017 Email
The Austin Police Department's (APD) Internal Affairs Division, with oversight from the Office of the Oversight (OPO), has completed the administrative investigation related to the Officer-Involved Shooting that occurred on January 5, 2021, involving Officers Gabriel Gutierrez and Luis Serrato. The involved officers' respective chains of command, including Chief Joseph Chacon, have reviewed the thorough investigation, including the available evidence. Additionally, both the OPO and the Community Police Review Commission (CPRC) reviewed the incident and provided a recommendation to Chief Chacon before he made any disciplinary decisions. The CPRC’s advisory role is integral to transparent, thorough, and effective public safety processes and policies, and APD thanks them for their service.
It is necessary first to note that whenever an incident occurs in which someone loses their life, it is a tragedy. We extend our deepest condolences to the Gonzales family on their loss.
The Department respects the decision by a Travis County Grand Jury not to indict Officers Gabriel Gutierrez and Luis Serrato. Chief Chacon considered the Grand Jury's decision and the recommendations provided by the Office of Police Oversight and the Community Police Review Commission.
Chief Chacon has determined that Officer Gutierrez and Officer Serrato will not face discipline due to this incident. Both will resume their full-time roles as police officers with the Austin Police Department.
These decisions are not made quickly or lightly. The investigation of the incident revealed that when Officer Gutierrez came into contact with Mr. Gonzales, he acted as a private citizen who defended himself in the face of a deadly threat. Ofc. Gutierrez was not in a police vehicle or police uniform. Further, the investigation showed that Officer Serrato's actions in response to the incident were in accordance with APD's policy and training. The Department recognizes the sensitive nature of the officer-involved shooting and is aware of the high level of public interest. The officers involved acted according to their training and APD policy.
These types of incidents significantly impact our community and the officers who serve. Knowing this impact, APD strives to provide timely information about these critical incidents.
Police officers have challenging jobs. To safely and effectively perform the job, the men and women of APD must have the community's trust. APD works daily to maintain and earn that trust.