AUSTIN, Texas — The family of an Austin man plans to sue the Austin police officers they say are involved in his death.

  • Family of an Austin man killed during an officer-invovled plans to sue APD
  • Incident occured in March 2018
  • Family's attorney says officers should have been prepared to handle victim's mental state.

The officer-involved shooting in Southeast Austin this past March took the life of Hugo Alvarez Jr., and sent two police officers to the hospital.

More than seven months later, Alvarez's family is still looking for answers.

"That's why we are having to file the lawsuit. We haven't gotten very far," Bobby Taylor, The Alvarez Family's Attorney

Attorney Bobby Taylor says the Austin Police Department used a robot to break down the front door. Alvarez and his mother were both inside. She and her two surviving sons are suing the officers who were operating the robot, as well as the officer they say shot and killed Alvarez.

"Once I get the video, then that will pretty much answer the questions,” Taylor said. The video will tell what happened inside. The video will confirm the gun was left inside."

A spokeswoman for the Austin Police Department confirms Officer Matthew Judd remains on paid administrative duty, awaiting the conclusion of the criminal and internal affairs investigations.

APD said Officer Massiel Taveras returned to normal duties after being investigated for firing her gun at the standoff.

"This incident involved a man who obviously had some problems,” Taylor said. “It is my understanding that he called 911."

Taylor says officers should have been prepared to handle Alvarez's mental state.

"He continued to call out, 'You are not the real police. You're not the real cops. Call the cops,'” Taylor said. “There should have been some emotionally trained experts, some counselors, somebody, there who could have been aware he is going to have special needs and special issues."

The City of Austin released a statement saying, “The City of Austin has not yet been served with the lawsuit, but we are certainly aware of the incident. We stand ready to defend the City and the Austin Police Department."

Taylor says he won't set a dollar amount for damages until he can examine the evidence, which he hopes a federal judge will compel the city to provide.