Brandon Michael Jacques Shot by Burnet Police Officer – Rangers Investigate
The Burnet Police Department, in Texas, filed a custodial death report with Attorney General of Texas, Ken Paxton, regarding the death of Brandon Michael Jacques. Mr. Jacques was only 25 years old when he passed away. The Burnet Police Department, as well as any law enforcement agency who suffers death of a person in its custody, is required to file a custodial death report within 30 days of the date of such a person’s death.
The report indicates that Mr. Jacques died of a homicide, which the report also indicates could include a justifiable homicide. We make no allegation of wrongdoing against anyone, and we do not have personal knowledge of what actually occurred. We are simply providing information which was included in the report.
The report indicates that Mr. Jacques died as a result of pre-custodial use of force. The report lists as Mr. Jacques only alleged criminal offense “disorderly conduct.”
On March 27, 2019, at approximately 1:40 a.m., a Burnet Police Department officer responded to a call on South McNeil in Burnet, Texas. The police officer was responding only to a loud music complaint. The police officer arrived at the residence and saw a vehicle starting to back up from a parked position in front of the residence.
The report indicates that the officer gave commands to stop, but the operator of the vehicle then placed the vehicle in drive and started to drive forward at a very low rate of speed. The officer believed that the vehicle was coming toward him, and he started giving commands to stop. The vehicle continued to drive forward, and the officer allegedly felt he was in danger and shot his weapon three times into the windshield of the vehicle. The shots struck Mr. Jacques three times in his chest. Mr. Jacques was pronounced deceased at the scene.
There was an autopsy conducted at the Travis County Medical Examiner’s Office in Austin, Texas. The Texas Rangers were also called to the scene and will be conducting an investigation.
The Fourth Amendment to the United States Constitution guarantees the right of citizens not to be subjected to excessive force by police officers. We make no allegation, once again, of any wrongdoing in this post, but are instead simply providing information related to what occurred with regard to Mr. Jacques and police shootings generally. The Constitution guarantees that force used by police officers must be reasonable under all the facts and circumstances. The Fifth Circuit Court of Appeals generally looks at three factors to determine whether force was reasonable.
First, when a police officer chooses to use force, he or she must consider the crime of which a person was accused. Thus, by way of example only, with regard to Mr. Jacques, the only alleged crime was disorderly conduct.
Second, the Fifth Circuit Court of Appeals, which covers Texas, Louisiana, and Mississippi will look at whether a person against whom force was used was fleeing. It appears, with regard to Mr. Jacques, according to the report, that there might be a dispute as to whether Mr. Jacques was fleeing. However, the report does not indicate that Mr. Jacques was fleeing but instead allegedly driving a vehicle in the direction of a police officer.
Finally, the last factor that a Texas federal court will use, when applying factors set forth by the Fifth Circuit Court of Appeals, is whether the person against whom force is to be used is a serious danger to a police officer or others in the vicinity. It appears with regard to Mr. Jacques’ situation this would be the factor about which there would be a dispute. Presumably, the police officer would testify and/or affirm that he had a belief that the driver of the vehicle was endangering the life of the police officer. The report does not indicate whether there are body cam recordings and/or dash cam recordings available, and/or who were the other witnesses at the scene.
A federal statute – 42 U.S.C § 1983 – allows people against whom excessive force was used, or in the event of such person’s death certain family members, to bring claims for violation of Fourth Amendment rights. Most such claims are brought in federal court, since they are brought pursuant to a federal statute.
Dean Malone
Dean Malone