Texas prosecutor drops most charges against Austin police over tactics used during 2020 protests

AUSTIN, Texas (AP) — A Texas prosecutor whose office oversaw indictments of more than 20 police officers in Austin over tactics used during the 2020 protests that followed George Floyd’s killing said Monday he was dropping most of the cases and would ask the Justice Department to investigate instead.

The announcement is a reversal for Travis County District Attorney Jose Garza, a progressive who ran on promises to hold police accountable in the Texas capital. Garza, a Democrat, said his office would dismiss indictments against 17 officers but still move forward with prosecuting four others.

He announced the decision in a statement made with Austin Mayor Kirk Watson, a Democrat who was not in office at the time of the protests.

“This has been a difficult chapter for Austin. I look forward to turning the page. These announcements will allow police officers, whose lives were upended by the indictments, to return to their services to our community,” Watson said.

The slate of felony charges in Austin had been by far the most indictments of officers from a single U.S. police department over tactics law enforcement used during the 2020 protests. Two Dallas officers face charges of aggravated assault with a deadly weapon and official oppression, and a New York police officer was charged with assault after shoving a woman to the ground.

But despite widespread claims of heavy-handed or even illegal police tactics, few cities pursued charges.

The City of Austin has paid out more than $18 million to settle lawsuits brought by protesters injured during the protests, including a college student who suffered brain damage after an officer shot him with a beanbag round. Eight other lawsuits are still pending, according to the city.

During the protests, some Austin police officers fired beanbag rounds into the crowd.

In a statement, Garza did not give specific reasons about why his office was dropping most of the cases while letting others proceed. He said his office “would continue to hold law enforcement who break the law accountable.”

Garza also said he expects the Justice Department to seriously consider their request to review Austin police’s actions during the protests.

Ken Ervin, an attorney who represents nine of the officers who are having the charges dismissed, said the cases should have never been brought. He also represents several of the officers still facing charges.

“We predicted this (dismissal) some time ago. The cases were indicted before the investigations were complete,” Ervin said. “We didn’t think the DA’s office was serious about prosecuting these cases. He just needed a reason to dismiss and save face.”

Ervin said he welcomed the invitation for federal scrutiny on the officer’s actions during the protests.

The indictments at the time widened the rift in Austin between police and Garza, whose 2020 campaign was backed by liberal allies including U.S. Sen. Bernie Sanders and promised crackdowns on misconduct by law enforcement.