Travis County District Attorney José Garza issued a statement Tuesday responding to rumors circulating online that he would seek criminal charges against the three Austin Police officers who fatally shot a man early Sunday as he was engaged in a deadly mass shooting outside of a downtown bar.
“These officers are heroes, and it should go without saying that my office is not seeking any charges and would not seek charges,” Garza said in the release. “The accounts to the contrary are false, intentionally false, and are being peddled for obvious political purposes.”
The statement was prompted by an X post, shared Tuesday morning, that claimed Garza would bring criminal charges against the officers following an Austin Police Department investigation into the officer’s actions.
The post gained attention from top Texas Republicans, including Gov. Greg Abbott.
“Whatever the DA does, I will have the final say in the fate of these police officers,” Abbott posted on X in reference to the claims about Garza. Abbott did not respond to questions before publication, but the post appears to be in reference to the Texas governor’s pardon powers.
Texas House Speaker Dustin Burrows also posted on X, using a has
It is standard procedure for the Austin Police Department to investigate officers for potential criminal conduct after all shooting incidents and it is Garza’s current policy to present all of those findings before a grand jury for potential prosecution.
While it is Garza’s decision to present officer shooting cases to a grand jury, it is up to the grand jury to decide if the officers possibly committed criminal conduct and should be indicted. Garza’s statement does not make clear if his office would still present the case to a grand jury, which has been the DA’s policy since he took office in 2021, even though it will not pursue charges.
Garza’s office did not respond to questions seeking clarification.
Doug O’Connell, an Austin criminal defense attorney who is representing the three officers, said he was not satisfied with Garza’s statement.
“His statement creates more questions than answers,” O’Connell told the American-Statesman. “If you don’t believe criminal charges are warranted then what’s the point of presenting the case to grand jury?”
O’Connell, who has represented several law enforcement officers Garza has prosecuted, noted that it can take months for prosecutors to present police shooting cases to a grand jury. In this case, he estimated it would take until the fall.
“The process leaves officers twisting for far too long,” he said.
Editor’s note: This story has been updated to include comment from attorney Doug O’Connell
