Police groups are calling for Travis County DA Jose Garza to resign over misconduct
Attorneys for Austin Police Department Officer Chance Britches trot out in Travis County Circuit Court to dismiss the case against him, alleging that prosecutors in Attorney General Jose Garza’s office violated the officer’s constitutional rights and compromised the integrity of the case by not disclosing alleged behind-the-scenes communications with Austin officials about potentially holding the city or police leadership criminally liable for harming injured protesters.
Britz faces charges of aggravated assault by a public servant after being deployed as part of a crowd control response during the 2020 riots, as officers worked to disperse protesters and restore order in downtown Austin. His lawyers say he relied on department-issued “less-lethal” beanbag rounds that were later called into question, arguing that the equipment itself was faulty and contributed to the injuries in dispute.
Britches’ attorney says alleged “secret meetings” with Austin officials about the city’s liability for defective beanbag rounds that caused more damage than they were designed to do were something the prosecution was “Our statement is required” because it demonstrated the belief and likelihood that the city would have “criminal liability” in the case.
Travis County District Attorney Jose Garza poses in front of the Austin skyline in a photo from the county’s website. (Travis County DA website)
The motion bases its claim of “secret meetings” on two sworn statements: one from a former Austin city manager, who says he met in person several times with Garza and prosecutors in 2023 to discuss potential charges against the city, and another from a former city councilwoman, who says she was aware of internal communications indicating the district attorney’s office was considering such a charge.
“Prosecutors can hold meetings with anyone, and there’s nothing illegal about that,” Britches’ attorney, Doug O’Connell, told Fox News Digital. “The problem in this case is that the prosecutor felt he had enough evidence to charge the city as a legal entity, which would make the city an alternative suspect or an unindicted co-defendant.”
O’Connell argues that Garza triggered disclosure obligations under Brady v. Maryland, which requires prosecutors to turn over potentially exculpatory evidence to the defense.
“If you follow that logic, the basis for his accusation against the city, which never materialized, is actually Brady,” O’Connell said. “Even if he thinks he has sufficient evidence and later decides he doesn’t, he’s still Brady. It’s a violation of the Michael Morton Act, a violation of the court order, and the defendant’s constitutional rights.”
Protesters confront members of the Austin Police Department as they gather in downtown Austin, Texas, on June 4, 2020, to protest the death of George Floyd. (AP Photo/Eric Jay)
The Michael Morton Act, a Texas law enacted after a wrongful conviction case, requires prosecutors to turn over most of the evidence they have to the defense, including information that may favor the accused.
O’Connell says the law stipulates that “mitigating exculpatory evidence” must be presented to the defense.
“They clearly did not present the evidence as to why they felt they could charge the city, and the city was legitimately afraid about this to the point that the city went out and hired their own criminal defense attorney,” O’Connell said. “So one of two things is true, either he had the evidence and didn’t give it to us, or he had no basis to charge the city, and he was just threatening them, and that would be official suppression anyway.”
Two of the region’s most well-known police organizations, the Combined Law Enforcement Associations of Texas (CLEAT) and the Association of Retired Police Officers of Austin (APROA), responded to the proposal by calling on Garza, who has long been accused of harboring hostility toward police, to resign from his role as the county’s top prosecutor.
“It’s kind of the straw that breaks the camel’s back, everything that’s going on with the constant political prosecutions of Austin police officers who are simply doing their job and doing the job the way we’re trained to do their job,” Fares told Fox News Digital about APROA’s official letter calling for Garza to step down, the first time they’ve done so despite heavy criticism of Garza over the years.
Garza has faced public criticism from critics for years over his treatment of police officers and others Families of crime victims who have spoken out against what they see as an unwillingness to put criminals behind bars.
Fares said: “His focus was on the police and now we discover that he has done some suspicious things and it is time for him to leave.”
After winning the election following a campaign, with the support of major liberal donors George Soroswhich has pledged to prosecute police officers, Garza charged more than 20 police officers, including British, for their role in suppressing the Black Lives Matter riots. Garza attempted to prosecute several other officers on deadly force-related charges with only one successful conviction that was later overturned.
“There can be no worse violation of a district attorney’s oath than to intentionally deprive an accused of a fair trial,” said Robert Leonard, executive director of CLEAT. He said about the movement. “It is a direct violation of their constitutional rights.”
In addition, O’Connell trot out Request a court of inquiry calling on a district judge to investigate whether Garza committed a crime through his actions.
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Lady Bird Lake Beach in Austin, Texas. (Jay Gunner/American Statesman/USA Today Network)
O’Connell described the move as using “an obscure provision in the Texas Code of Criminal Procedure that allows a district court judge to hold a hearing to determine whether the law has been violated.”
“In this case, it will be a hearing to determine whether the Attorney General-elect and his senior aides committed the crime of official oppression and tampering with evidence by failing to present mitigating or exculpatory evidence in this case.”
While some in the local media did so Casts doubt As for the likelihood of the motion being successful, O’Connell says he’s optimistic he will be granted a hearing on his motion, possibly at a previously scheduled court date of April 7.
Fox News Digital has reached out to Garza’s office for comment.
“We will not litigate this case in front of the press,” Garza’s office said in a statement this week to local media pledging to pursue his case.
“We remain prepared to try this case and expect trial to begin in June as previously agreed with the defense. Justice delayed is justice denied, and four years is too long to wait. It is time for the community to consider whether they believe the defendant’s actions violated the law.”
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