The 5th Circuit Court of Appeals in New Orleans has upheld the dismissal of a manslaughter charge against former Austin police detective Charles Kleinert in the shooting death of Larry Jackson in 2013.
A U.S. district judge in Austin had previously dismissed the charge, saying that because Kleinert was working on a federal task force the day of the shooting, he was entitled to a special federal protective immunity.
The use of that immunity for a municipal police officer serving on a federal task force officer was highly unusual and potentially precedent setting.
Travis County prosecutors appealed that decision to the 5th Circuit Court of Appeals, which held a hearing last fall.
Prosecutors must now consider whether to ask for the case to be heard again, or try to get the U.S. Supreme Court to take up the case.