Officer fired for shooting at man during routine traffic stop. He was taking out his wallet. (VIDEO)

AUSTIN, TX – A Travis County grand jury declined to indict Officer Justin Boehm in an incident that occurred May 8th where Boehm shot at a man during a routine traffic stop. Officer Boehm was very clear in his instructions to James Barton, not to exit the vehicle, but Barton could not hear the officer properly. He exited his vehicle to produce his identification after two verbal warnings.

The officer fired. 

Luckily, he missed. But Officer Boehm was terminated for discharging his weapon in such a careless manner. Austin Police Chief Art Acevedo has been on a bit of a firing spree since he took office in July of 2007. Acevedo did not hesitate to dismiss Boehm after a full investigation was completed. “We take our duties very seriously we don’t look at the way the wind is blowing, we look at the facts,” said Chief Acevedo. He has fired over 300 officers since he began. A Citizen Review board is looking at the case. 

 The plaintiff has joined with the Texas Civil Rights Project to file a federal lawsuit against the Austin Police Department. They believe that the officer violated Barton’s constitutional rights. The plaintiff seeks $12,700 for lawyer fees, medical bills and an unspecified amount for punitive damages.