Published Wednesday, March 17, 2010 10:21 AM

TABC review finds no wrongdoing in fatal shooting

Associated Press

AUSTIN, Texas -- Two Texas Alcoholic Beverage Commission agents who in 2009 fatally shot an Austin man were justified in using deadly force, according to an internal report.

The review found the agents were acting within their authority in the Aug. 16 shooting, the Austin American-Statesman reported Wednesday, one day after the newspaper obtained the seven-page TABC report.

Agents Joe Cronin and John Altum both returned to regular duty this week, said attorneys for both men.

Steven Edward Lunt, 25, was shot when investigators say he tried to run over the agents with his pickup as the officers searched for a speeding vehicle that had nearly struck someone else.

Lunt's blood alcohol level was 0.18, above the legal limit of 0.10 for driving. He died two weeks after being shot.

A grand jury in November declined to indict the agents, but did not issue a "no bill," which generally closes such inquiries.

The TABC report did not address potential policy violations by the agents, according to the newspaper.

The officers, who also received the report Tuesday, have five days to respond before any possible disciplinary action.

"The circumstances created by Lunt were tense, dangerous and rapidly evolving," TABC Lt. Albert Rodriguez wrote in the report. "Any reasonable law enforcement officer could have taken the same or similar actions."

A third agent, Gregory Lewis, who was at the scene but did not fire his gun, was found in a separate report to have violated agency policies for using a car for "police patrol purposes" that did not have a police radio or other equipment.

Lewis, who has returned to full duty, also has been given five days to respond. It was unclear if he has an attorney.

Jim Harrington with the Texas Civil Rights Project, representing Lunt's family, said he was not surprised by the results.

"I have never seen (TABC) internally take care of themselves," said Harrington.

TABC officials have said agents are now learning more de-escalation techniques and are getting additional use-of-force training.

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