By Claire Osborn, Austin American-Statesman:
The parents of an unarmed 21-year-old man fatally shot by a Liberty Hill police officer have filed a lawsuit against the officer, claiming he used excessive force.
Officer Esteban Gomez-Sanchez shot and killed Jackson Lieber on Jan. 18 outside a house in Liberty Hill after residents reported he was trespassing, officials have said.
The Liberty Hill police chief did not immediately respond to a request for comment about the lawsuit. Gomez-Sanchez could not be located for comment.
Lieber had been driving a car when he hit a mailbox and walked to the residents’ property at 750 RM 1869, the lawsuit said. For some unknown reason, it said, he got into an argument with the residents, who physically restrained him.
It said deputies with the Williamson County sheriff’s office and Liberty Hill police arrived at the scene around 3 p.m. and that Gomez-Sanchez later shot Lieber. Lieber died the same day at St. David’s Round Rock Medical Center, the suit said.
“Jackson Lieber, if he committed any crime, it may have been the nonviolent crime of trespassing, was unarmed, and did not pose a threat to Defendant Gomez-Sanchez or the general public at the time of the shooting,” the lawsuit said. “The need for such force was non-existent and there were no circumstances that justified Defendant Gomez-Sanchez shooting Jackson Lieber.”
The Texas Rangers are investigating the shooting and have not said why the officer shot Jackson.
The lawsuit does not specify the amount of damages being requested. It was filed Wednesday in federal court in Austin.
A candlelight vigil will be held for Lieber at 6 p.m. Saturday at Veterans Memorial Park, 1001 Main St., in Liberty Hill.
Matt Lieber, Jackson Lieber’s father, said he still doesn’t know why his son was killed because officials won’t tell him or release video from the scene, he said.
“My son Jackson was shot twice by Liberty Hill police officer Esteban Gomez-Sanchez,” Lieber said in an interview Wednesday from Arizona, where he lives. “What I do know is that he was unarmed. … As a father, let me tell how incredibly callous it sounds to hear (from law enforcement) that ‘We can’t talk about the investigation.'”
Lieber’s attorney, Robert Ranco, said he has done research that shows Liberty Hill police officers have body cameras, but he doesn’t know if Gomez-Sanchez was wearing one at the time of the shooting.
The Texas Rangers are a division of the Department of Public Safety. The American-Statesman made a public information request to the DPS for video of the incident. The DPS is seeking a ruling from the Texas attorney general over whether it has to release the video, according to a letter the department sent to the state.
DPS officials don’t think the video should be immediately released, the letter said.
“Because this investigation is not closed, we believe everything else besides the basic information may be excepted from required public disclosure at this time,” according to the letter.
The Statesman’s open records request to the Williamson County district attorney’s office for video from the scene was denied.
“Public release of the records you request would interfere with the detection, investigation, or prosecution of crime,” said Bridget Chapman, an assistant district attorney. “The district attorney’s office asserts this exception to protect the integrity of the pending and ongoing investigation.”
Gomez-Sanchez shot a rifle at Jackson Lieber, according to a DPS investigation report. Jackson Lieber was 6-feet-3-inches tall and weighed 140 pounds, the report said. Matt Lieber said his son was “not imposing” and could have easily been restrained by an officer.
He said it took seven hours for officials to notify relatives that Jackson had been shot even though Jackson lived in nearby Georgetown with an aunt and uncle. Jackson’s family did not even know what hospital he died at after the shooting until they found it listed on his death certificate, his father said.
“I don’t like being cynical,” said Lieber. “I don’t like being suspicious of police officers. I was raised to respect law enforcement. I have given my entire adult life to serve my country, as an Army aviator.”
He said his son was studying computer science at Austin Community College.
“He was incredibly smart and graduated from high school as valedictorian of his class,” said Lieber. “He could play any instrument by ear. He liked to learn about everything from flying planes to working on cars.”
Lieber also said his son was unique because “he always tried to understand everyone he met.”
Friends came from all over the country for Jackson’s memorial service, including one who said that Jackson’s kindness had saved the friend from abuse at home, Lieber said. Jackson was 10 at the time he helped his friend, said Lieber.
“I’m calling on the Liberty Hill police, the Williamson County sheriff and the district attorney to remember what the words ‘compassion’ and ‘humanity’ mean,” Lieber said. “Allow my attorney to see the (video) footage. … We deserve answers not months from now, not weeks from now, but today.”