With their 2-month-old infant strapped into the back seat of their car, Alex Gonzales Jr. and his long-time girlfriend Jessica Arellano were both shot by off-duty Austin police officer Gabriel Gutierrez in 2021.

Four and a half years later, lawyers met in a crowded courtroom to begin their opening statements as to who is liable for Gonzales’ death.

The plaintiffs, Alex Gonzales Sr. and Elizabeth Gonzales, sat front row. As the father and mother of the victim, they seek damages for the death of Gonzales Jr. and for the city of Austin’s alleged mishandling of the investigation into what happened.

Donald Puckett, attorney for the plaintiffs, said that the next two weeks of trial will ultimately boil down to two key factors: truth and accountability. He told the jury his team will soon reveal what APD “doesn’t want to show you” about the events that happened the night of and during the subsequent investigation into the death of Gonzales.

Two defendants stand on trial – Officer Gutierrez, off-duty the night of the shooting, and the city of Austin which governs the Austin Police Department. Puckett said that in a case like the death of Gonzales, police officers have a minimum obligation to tell the truth, and police departments have a minimum obligation to hold a proper investigation. The fact that these obligations have not been met, he said, has led to this present trial.

The attorney walked through the events of January 5, 2021, the night officer Gutierrez, while dressed in plain clothes driving his personal vehicle, shot Gonzales. He said that from the moment Gutierrez called 911, he has not told the truth.

Two bodies hold the responsibility of reviewing APD officers’ use of lethal force, the Special Investigations Unit and Internal Affairs. Puckett said that neither body conducted real investigations into Gonzales’ death and that both failed to adequately question Gutierrez’s version of events or compare his version to the factual evidence.

He said that though the defense “will try to blame the victim,” the case will ultimately come down to Gutierrez’s testimony versus the facts and evidence. Without civil suits like this one, Puckett said, police departments go unaccountable.

Albert Lopez followed Puckett, conducting the opening for the defense of Gutierrez. He said there are two sides to this story, and that in order to understand the events at play, more context is needed.

Fearing for his life with a gun pointed at his head, Gutierrez used lethal force, Lopez argued. He said that the criminal investigation is over and now the question at the center of this case is whether Gutierrez made a reasonable decision to shoot Gonzales given the threat to his life.

If you believe Gutierrez’s testimony, Lopez said, then it’s a simple case. As the trial proceeds, he told the jury, “Keep an eye on the ball.”

The final opening statement came from attorney Gray Laird in defense of the city. Laird said that while it’s easy to look back now and second-guess the decisions made during the Austin Police Department’s investigation, the city did, in fact, conduct an unbiased and thorough investigation.

He said the chief of police at the time of the investigations, Chief Joseph Chacon, took his job “very seriously.” Laird described the two units, SIU and IA, as “handpicked.” He said that APD follows a strenuous process when evaluating use of force and appropriately disciplines excessive uses of force when identified.

After the jury heard opening statements, presiding Judge Robert Pitman opened the floor for the plaintiffs to call their first witness. Look for more coverage online and in future issues.