AUSTIN (Talk1370.com) -- As indictments against Austin Police officers for their alleged conduct in the May 2020 protests continue to work their way through the system, attorneys for some of the officers involved discussed the charges facing their clients Monday afternoon.
Doug O'Connell and Ken Ervin are representing eight of the 19 officers that are facing charges in connection to the protests, which broke out following the deaths of George Floyd and Mike Ramos.
"Each of our clients was cleared by internal affairs, and you heard last week both the city manager and chief Joe Chacon state that they felt like these indictments are wrong," said O'Connell. "You also heard Chief Chacon acknowledge that the equipment that the department issued our officers was defective."
O'Connell said he expects jury trials in the cases to be at least a year away. During that time, all of the indicted officers will be taken off of the streets and placed on administrative duty.
Ervin said their clients are expected to be facing charges of aggravated assault with a deadly weapon. Because the officers were acting within their official duties, Ervin said, the charge becomes a first-degree felony punishable by 5 to 99 years or life in prison, and a potential fine up to $10,000.
Related
"Our officers faced exceptionally challenging circumstances during the protests and what would become riots," said Ervin. "They were tasked with keeping the city safe, themselves safe, property safe, but allowing as much as possible the peaceful protests to continue. Our officers worked as many as 12 straight days, up to 120 hours of overtime, in addition to the normal shift hours they would otherwise work."
Ervin said the officers were struck with frozen water bottles, water bottles filled with urine, glass bottles, rocks, exploding fireworks, and a molotov cocktail.
"District Attorney Garza admits to us he is unable in some circumstances to determine which officer struck certain persons with the bean bags," said Ervin. "And in response to this situation, Mr. Garza simply indicted every officer who possibly fired in that direction. This is broad overreach."
Ervin and O'Connell also say Garza's office "excluded" certain information from its presentation to the grand jury. "Investigators from the Austin Police Department - trainers, use of force experts, people with decades of knowledge in this area - were systematically excluded from conveying this information to the grand jury," said Ervin. "If you control the presentation of information to the grand jury, and you exclude information that may help officers, that may help explain this is proper procedure, this is common usage... this is what you get. You get indictments of 19 officers that never should have happened."
During Thursday's press conference, Garza pushed back on allegations that his office withheld information from the grand jury. "The information that our office presents to the grand jury in all cases is complete and balanced," said Garza.
O'Connell said additional indictments could be forthcoming. "We represent additional officers that we believe the District Attorney is targeting in relation to the riots; however, those cases have not yet been presented to the grand jury," said O'Connell.
"Jose Garza ran on a campaign pledge of targeting police officers, and we're seeing that play out," said O'Connell.