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Austin Police officers won't face charges after wounding suspect in shootout

2 Austin Police officers who exchanged gunfire with a suspect in March won't face charges (Photo: CBS Austin)

Two Austin Police officers who exchanged gunfire with an aggravated assault suspect in March won't face charges, the district attorney's office announced on Monday.

Travis County District Attorney Margaret Moore declined to indict Officers Kevin Bittner and Dustin Turner for their use of force during an incident on March 12.

It happened at around 12:31 a.m. at a residence on the 6200 block of La Naranja Lane in southwest Austin.

According to an affidavit, Kyle Thomas Garcia, 24, was intoxicated while threatening his father with a firearm. His mother, who made the 911 call, and her husband both made it out of the home safely.

When officers arrived at the scene, they saw Garcia inside the home approaching the door.

As further commands were given, Garcia opened the front door with a gun in hand and fired at officers.

Police say they then returned fire and Garcia went back inside the residence. Moments later, he exited and surrendered.

Garcia sustained non-life threatening injuries. Following medical discharge, in a voluntary custodial interview, he admitted to firing the weapon inside the home and then at the officers.

Kyle Garcia has been charged with aggravated assault - family violence and aggravated assault of a public servant.

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