The City Civil Service Commission decides today if former Austin Police Sgt. Michael Olsen will get his job back.
Police Chief Art Acevedo fired Olsen in November for excessive use of force after shooting 25-year-old Kevin Brown near Chester's Nightclub. Brown had a gun when he began to flee from police but did not have one when Olsen shot him. In his testimony, Olsen said he believed Brown was digging for a weapon in his waistband when he fired two shots. He then fired a second volley at Brown after he was down on the ground.
Acevedo testified Thursday that Olsen should not be reinstated and that both sets of shots were unwarranted. Olsen's lawyer, Tom Stribling, questioned Acevedo on why he only mentioned the second volley in his disciplinary memo for Olsen. Acevedo said the second set of shots alone merited dismissal.
"I have nothing to show that there is a reasonable threat," Acevedo said. "The last two shots were absolutely inappropriate."
Stribling said the first shots were justified because Brown could have turned around to fire at police during the chase. Acevedo said Olsen already had his gun drawn and was prepared to use force if Brown attempted to turn and fire.
"Simple possession of a firearm does not justify the use of deadly force," Acevedo said. "Mr. Brown, from the onset of his initial contact with Sgt. Olsen through the end of his life, displayed one thing, and that was, in my mind, the intent to get away."
Acevedo said Olsen had a history of lying and was suspended for 60 days in 2002 by former Police Chief Stanley Knee for excessive force and dishonesty.
Acevedo noted two times where Olsen put down animals in the field. In one incident, Olsen and a subordinate officer fired more than one dozen rounds into a pitbull. Acevedo said the two acted like the "Keystone Kops in Austin," and that the supervising officer is responsible for controlling a tactical situation.
"That's why they make more money," he said.
On the day Olsen shot Brown, Acevedo said Olsen lost his temper twice earlier that day.
"If you have loss of temper, you have loss of control," Acevedo said.
Closing arguments begin at 8 a.m. in the Boards and Commissions Room at Austin City Hall.
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