The Latest: Lawyer: Texas officer protected by immunity

AP News
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Posted: Sep 27, 2016 1:05 PM

NEW ORLEANS (AP) — The Latest on appeals court ruling on Texas police shooting (all times local):

12 p.m.

A lawyer for a white police officer who shot and killed a black man after a foot chase argues his client should be protected by federal immunity.

An appeals court heard arguments Tuesday in the case of Charles Kleinert, an Austin police officer working with the FBI on bank robberies when he encountered Larry Jackson Jr.

Kleinert has said his gun discharged accidentally during a struggle.

A grand jury indicted Kleinert in 2013 but a federal judge later dismissed it, citing a 126-year old court ruling protecting federal officers from state prosecution in certain cases.

Kleinert's lawyer, Randy Leavitt, told the three-judge panel Tuesday that his client went to the bank as a federal officer investigating a robbery.

But Texas prosecutor Rosa Theofanis called on the judges to overturn the lower court's decision.

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3:20 a.m.

A federal appeals court is hearing the case of a white Texas officer who a judge earlier said was immune from prosecution in the shooting death of a black man.

The 5th Circuit Court of Appeals is hearing the case in New Orleans.

A Texas grand jury indicted Charles Kleinert for manslaughter in the death of Larry Jackson Jr. in July 2013.

Kleinert was an Austin police officer assigned to an FBI-led task force on bank robberies.

He was investigating bank robbery when he encountered Jackson.

Kleinert has said his gun discharged accidentally after he chased Jackson and a struggle ensued.

Before Kleinert's case went to trial, a federal judge dismissed it, citing a 126-year old court ruling protecting federal officers from state prosecution in certain cases.