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Family of man killed by off-duty San Antonio police officer seeks new trial

Family of man killed by off-duty San Antonio police officer seeks new trial

By Jeremy T. Gerlach, San Antonio Express-News

May 14, 2017

SAN ANTONIO – The family of a man killed by an off-duty San Antonio officer is seeking a new trial after a jury ruled against their federal wrongful death suit in April, according to court documents. The motion, filed May 4, argues that the jury in the previous lawsuit against SAPD officer Robert Encina failed to address whether Encina was justified in shooting Marquise Jones, 23.

“There can be no question, nor has there ever been a serious question in this case, that Encina’s use of deadly force was excessive,” the motion states. “A new trial should be granted so that the jury can answer the true issue – whether the officer’s use of excessive force was objectively reasonable under the circumstances.”

Lawyers for Jones’ family and the city of San Antonio were unavailable for comment. Encina, who was working off-duty as a security guard for Chacho’s and Chalucci’s restaurant on Feb. 28, 2014, shot Jones in the back in the parking lot of the restaurant as Jones was fleeing the scene of a fender bender.

Encina, a six-year veteran of the SAPD at the time of the shooting, has maintained that Jones was brandishing a gun as he ran, and that Encina “feared for his life.”

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It was all happening in seconds,” Encina told a jury in April 2017. “I had to refer to my training. That’s what we’re taught.”

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