Dismissal hearing held for former APD detective in fatal shooting

Testimony got underway today in a hearing to decide if a trial will be held in a fatal police shooting. Attorneys for former APD detective Charles Kleinert are trying to get the case against him thrown out of federal court.

Charles Kleinert didn’t say anything as he walked into federal court Wednesday with his legal team. When he took the stand, he testified that he never intended to kill Larry Jackson.

On June 26, 2013 Kleinert was investigating a north Austin bank robbery. The detective is seen questioning Jackson. The video was caught by bank security camera video.  Jackson allegedly went to the bank to cash a stolen check.  The two are seen casually speaking with one another, but after few minutes, Jackson runs off with Kleinert in pursuit.

Wednesday morning a woman, whose car was commandeered by Kleinert during the chase, testified he appeared to be agitated and reckless.

Kleinert eventually caught up with Jackson under a bridge along a walking trail. In court, he re-enacted what he claims took place. There was a brief struggle, Kleinert told the Judge, in which Jackson tried to scramble up a hill, and he struck him twice in the back using a tactic known as a Hammer Fist.  He did the move with his right hand while holding his gun. As he tried a third blow, Kleinert claims Jackson spun up, knocking them both to the ground, and his gun went off as they fell.

On the stand, Kleinert testified he was trained to use the "Hammer Fist" move. He also said he was never told that tactic cannot be done while holding a gun in the same hand.

Kleinert is claiming Immunity from prosecution because he was acting as a Federal Officer at the time of the shooting incident.

The family of Larry Jackson, who was present at the hearing, believes he was executed. While they want the criminal case to go to trial, they are also pursuing civil action against Kleinert.