Alex Gonzales’ tragic death shows need for restraint by off-duty police officers

In January 2021, Alex Gonzales was killed in a road rage incident involving off-duty police officer Gabriel Gutierrez. The officer was in his personal vehicle when he claims Gonzalex cut him off and pointed a gun at him. Guitierrez shot and injured Gonzalez and then called 911. When officers arrived, they fatally shot Gonzalez as he walked injured and unsteady toward the back of his car to check on his 2-month-old baby. 

Hendler Flores Law is representing the family of Alex Gonzales in a lawsuit against the City of Austin.

Cases like this highlight the complex legal risks law enforcement officers face when taking action while off duty. Under the constitutional standard established in Graham v. Connor, use of force must meet an “objective reasonableness” test, a standard that applies whether an officer is on duty or off. When an off-duty officer discharges a firearm, parallel review tracks typically begin at once: a criminal investigation, an internal administrative review, and potential civil litigation under 42 U.S.C. § 1983, which can create personal liability independent of any criminal outcome. Critically, off-duty incidents frequently fall outside the scope of department-provided legal coverage, and municipal liability for the officer’s actions depends heavily on whether the officer was deemed to be acting within the scope of employment at the time of the incident.

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