The trial for the wrongful death lawsuit filed by the family of Byron Carter Jr. against an Austin Police officer began Tuesday morning. The family is seeking $ 1.5 million in damages.
The family is suing Austin Police Officer Nathan Wagner for what they say was an unjustifiable use of force.
In May 2011, Officer Wagner said he fired five shots at a car because he heard his partner scream and believed that the car hit his partner. Wagner ended up shooting the driver once and Carter four times.
On Tuesday, the judge ruled that a Citizen Oversight Committee that states Wagner used excessive force and racially profiled Carter was inadmissible. The judge ruled committee members are not skilled and the memo was not a legal investigation.