As recently reported in the Austin American Statesman, an Austin Federal Court Judge has denied a Motion for Summary Judgment filed on behalf of the Austin Police Department.
Austin Federal Court Judge Lee Yeakel was quoted as saying the Court could not make a determination as to whether the officer's use of force was excessive or objectively reasonable in the death of 20 year old Byron Carter.
Austin attorney Adam Loewy who represents the Carter Family stated that 'he hopes that two sides can reach a settlement' before trial.'
Byron Carter was killed on May 30, 2011 when Austin Police Officer Nathan Wagner fired at the car Carter was a passenger in traveling on East Eight Street in Austin.
Trial in the controversial case is set for June with a hearing scheduled for May 31, 2013.
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