LEHMBERG WATCH: appeal of police shooting case likely a political move

In a legal maneuver being called "a political move," Travis County District Attorney Rosemary Lehmberg announced she intends on appealing the dismissal of an Austin policeman who shot a bank robber.

“Whatever it takes to put that in motion, that is what we did this morning. I intend to pursue it as far as it takes," Lehmberg said, via the Austin American-Statesman.

On Oct. 29, a federal judge dismissed a manslaughter charge against former Austin police officer Charles Kleinert. The opinion referred to an 1890 federal Supreme Court ruling that protects law enforcement from prosecution in the line of duty.

Kleinert shot the robber in 2013 -- a move criticized as reckless by prosecutors. The robber was shot once in the neck and soon died.

Lehmberg, who was convicted that same year of, and served 45 days for, drunk driving, will likely appeal Kleinert's dismissal to the Fifth Circuit Court of Appeals.