OFFICE OF THE DISTRICT ATTORNEY
P.O. Box 1748, Austin, TX 78767
MARGARET MOORE
Telephone 512/854-9400
MINDY MONTFORD
DISTRICT ATTORNEY
Telefax 512/854-8994
FIRST ASSISTANT
Criminal Justice Center, 509 W. 11
th
Street, Austin, Texas 78701
For Immediate Release
Contact: Steve Darden May 1, 2018
512/854-3270
Travis County District Attorney Margaret Moore today released the following statement:
The Travis County District Attorney’s Office has concluded its review of the Austin Police Department’s investigation of the
facts and circumstances of the October 17, 2016 officer-involved shooting death of Micah Jester, and Austin Police Department (APD) officers Deborah Lindeman
(APD # 7551) and Richard Smith (APD # 7639). The Travis County District Attorney’s Office has
determined that the credible investigative facts establish that each officer
’s
use of force was justified under applicable Texas law governing when an officer may use deadly force. In accordance with the
Office’s policies, District Attorney Margaret Moore will not present this case to a grand jury for
possible indictment and has issued a formal declination letter summarizing the facts of the investigation and the legal analysis forming the basis for her decision. The investigation established that on October 17, 2016 APD officers Lindeman and Smith responded to a 911 welfare / domestic dispute call, possibly involving a weapon. The caller initially reported a need for mental health assistance for his wife, Micah Jester, and during the course of the call vacillated as to whether she was armed with a weapon. During the course of the call, 911 operators could hear a child crying
in the background. By the time of Officer Lindeman’s and Officer Smith’s arrival at the caller’s apartment complex, it was still unclear as to whether the caller’s wife was armed with a weapon. As the officers approached the caller’s apartment, Ms. Jester
emerged from the breezeway leading to the apartment and walked at a rapid pace directly towards the officers on an apartment sidewalk leading directly to their positions, pointing what appeared to both officers to be a handgun. Both officers took cover and discharged their weapons, striking Ms. Jester. Ms. Jester fell on the sidewalk where she was struck. The officers were able to see that Ms. Jester continued to move but they were initially unable to see the location of the handgun. The officers moved into a position that afforded them a vantage point at which they were both able to see the handgun lying next to her. Both officers observed Ms. Jester make movements towards the handgun in an attempt to gain control over it. By this time, several additional APD officers arrived as backup. The officers began giving Ms. Jester commands to stop making movements towards the handgun. Ms. Jester continued to make movements to the handgun, eventually touching it. At this time, Officer Lindeman discharged her weapon again and struck Ms. Jester. After the second series of shots, the officers observed no additional movement by Ms. Jester.
In this case the District Attorney’s Office has determined that each officer’s use of deadly force was
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justified under the facts established in the investigation. A full discussion of these facts and the legal analysis forming the basis for the declination letter will be published on the Distri
ct Attorney’s Civil
Rights Unit webpage: (https://www.traviscountytx.gov/district-attorney/cru).
Press packets containing documents, audio and video related to this case are available on request by accessing the Civil Rights
Unit’s webpage and following the instructions provided for requesting and
obtaining press packets.