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City Of Austin Pays $2.25 Million To Family Of Man Killed By Police In 2017

In the conclusion of a lawsuit against the Austin police officer who shot and killed a 20-year-old Hispanic man in 2017, the Austin City Council has approved $2.25 million to be paid as a settlement to the man’s family.

“There’s no good way to do these, but I appreciate that we have reached a settlement today,” Council Member Greg Casar said before the Thursday vote.

On May 20, 2017, Jason Roque’s mother called 911 after her son threatened to kill himself. When police arrived at the house, Roque was holding a BB gun on the family’s front lawn. After putting the gun to his head, Roque moved slightly, and Officer James Harvel shot him, according to the lawyer for Roque's family. As Roque stumbled to the ground, the officer shot him twice more, killing him.

“Obtaining a settlement is an imperfect solution to anyone who’s truly suffered a loss like this,” Jeff Edwards, the lawyer for Roque’s family, said. “But this is a significant enough settlement that they can look themselves in the mirror and say they honored their son and they stood up for him.”

The Travis County District Attorney at the time, Margaret Moore, declined to pursue criminal charges against Harvel.

Months after the shooting, the family sued the City of Austin and then later the officer. While courts threw out the lawsuit against the city, they upheld the lawsuit against the officer. After a ruling from the Fifth Circuit Court of Appeals, the city decided to settle the case.

"City Council considers several factors in determining whether to resolve litigation arising out of officer-involved shootings, and each case is considered based on the unique set of circumstances involved with each incident," the city said in a statement. "In this case, Council determined that a resolution of this lawsuit is in the best interest of the City and hopes that the resolution of this case will allow the family and the involved City personnel to move forward.”

The vote to allocate the money was 10-1, with Council Member Mackenzie Kelly voting against.

“I voted against the settlement because the officer was cleared of any wrongdoing,” Kelly told KUT by text message.
Copyright 2021 KUT 90.5. To see more, visit KUT 90.5.

Audrey McGlinchy is the City Hall reporter at KUT, covering the Austin City Council and the policies they discuss. She comes to Texas from Brooklyn, where she tried her hand at publishing, public relations and nannying. Audrey holds English and journalism degrees from Wesleyan University and the City University of New York. She got her start in journalism as an intern at KUT Radio during a summer break from graduate school. While completing her master's degree in New York City, she interned at the New York Times Magazine and Guernica Magazine.