Charles D. Austin
Role at the time: U.S. Magistrate Judge presiding over the sentencing
Statement summary
At the April 27 sentencing hearing, Magistrate Judge Charles D. Austin said the court has "some skepticism about some of what the government has presented" based on "individuals who have not been identified or appeared in court", and said "This would not be the first case where an affidavit was found not to adequately capture the circumstances".
“The court has some skepticism about some of what the government has presented based on some individuals who have not been identified or appeared in court ... This would not be the first case where an affidavit was found not to adequately capture the circumstances”
Report from the April 27 hearing, including the judge's remarks, the sentencing positions of prosecutors and defense lawyers, and Sousa-Martins's statement to the court. No transcript was located.
Archived copy (opens in a new tab)Why we used this label
The reference point includes the federal account of the encounter. Austin expresses skepticism about parts of the government's presentation and says affidavits have been found not to capture circumstances in other cases, without ruling on whether the shooting was warranted, so his remarks challenge the government's account rather than condemn the shooting.