Police groups call on Travis County DA Jose Garza to resign over misconduct
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A criminal case connected to the 2020 George Floyd riots in Austin, Texas, is evolving into a broader controversy; Leading law enforcement groups are calling on the Soros-backed district attorney to resign over accusations of misconduct, political coordination and withholding key evidence.
Lawyers for Austin Police Department officer Chance Bretches presented a motion He filed to dismiss the case against him in Travis County District Court, arguing that prosecutors in prosecutor Jose Garza’s office violated the officer’s constitutional rights and jeopardized the integrity of the case by failing to disclose alleged behind-the-scenes communications with Austin officials about potentially holding the city or police leadership criminally liable for harming injured protesters.
Bretches faces a charge of aggravated assault by a public servant after being deployed as part of a crowd control response during the 2020 riot, where officers worked to disperse demonstrators and restore order in downtown Austin. His lawyers allege that he relied on “less lethal” beanbag rounds issued by the ministry when questioned later, arguing that the equipment itself was defective and contributed to the injuries in question.
Bretches’ attorney said alleged “secret meetings” with Austin officials that the city was responsible for defective beanbag rounds that caused more damage than they were designed for are something the prosecution is investigating. “he had to give it to us” because it showed the belief and likelihood that the city had “criminal culpability” in the case.
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Travis County District Attorney Jose Garza poses in front of the Austin skyline in a portrait from the county website. (Travis County Prosecutor’s Office Website)
The motion bases its “secret meeting” claim on two affidavits: One from a former Austin city manager who said he personally met with Garza and prosecutors multiple times in 2023 to discuss potential charges against the city, and the other from a former city council member who said he was aware of internal communications indicating the DA’s office was considering such a charge.
“Prosecutors can have meetings with anyone, there’s nothing illegal about that,” Bretches’ attorney, Doug O’Connell, told Fox News Digital. “The problem in this case is that the district attorney thought he had enough evidence to charge the city as a corporate entity, which would make the city an alternative suspect or an uncharged co-defendant.”
O’Connell, Garza’s Brady v. It argues it triggers disclosure obligations under Maryland, which requires prosecutors to turn over potentially exculpatory evidence to the defense.
“If you follow that logic, Brady is actually the basis for the indictment against the city that never happened,” O’Connell said. “Even if he thought he had enough evidence and later determined he didn’t, it’s still Brady. This is a violation of the Michael Morton Act, a violation of the court order, and a violation of the defendant’s constitutional rights.”
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Demonstrators 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 Gay)
The Michael Morton Act, enacted in Texas after a wrongful conviction case, requires prosecutors to turn over most of their evidence to the defense, including information that may be favorable to the defendant.
O’Connell says the law requires the defense to be given “exculpatory mitigating evidence.”
“It’s clear why they didn’t turn over evidence that they thought they could incriminate the city, and the city was legitimately so scared about it that the city went and hired its own criminal defense attorney,” O’Connell said. “So one of two things is true; either he had evidence and didn’t present it to us, or he had no basis to accuse the city and was just threatening them, and that would be official pressure anyway.”
Two of the most prominent police organizations in the area, the Combined Law Enforcement Associations of Texas (CLEAT) and the Austin Retired Police Officers Association (APROA), reacted to the motion by calling on Garza, who has long been accused of being hostile to police, to resign from his post as county attorney.
Farris told Fox News Digital about APROA’s official letter calling on Garza to resign; This is the first time they’ve done so despite intense criticism of Garza over the years.
Garza has faced public backlash from his critics for years over his treatment of police officers. families of crime victims who oppose what they see as a reluctance to put criminals behind bars.
“The focus was on the cops and now we’re finding out he’s been doing some questionable things and it’s time for him to go,” Farris said.
After winning the election following a campaign backed by liberal megadonor George Soros that promised to prosecute police officers, Garza impeached more than 20 police officers, including Bretches, for their role in quelling the Black Lives Matter riot. Garza attempted to prosecute numerous other officers on deadly force-related charges, but a single successful conviction was later overturned.
“There is no worse violation of the oath taken by a District Attorney than to willfully deny a defendant a fair trial,” said CLEAT executive director Robert Leonard. He said about the movement:. “This is a direct violation of their Constitutional rights.”
Also O’Connell presented a motion A court of inquiry was requested, calling on the district judge to investigate whether Garza committed a crime with his actions.
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The shore of Lady Bird Lake in Austin, Texas. (Jay Janner/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, a hearing will be held to determine whether the selected prosecutor and senior commanders committed the crime of official oppression and tampering with evidence by not presenting mitigating or exculpatory evidence in this case.”
Some people in the local media said raise suspicion Regarding the motion’s chances of success, O’Connell said he is optimistic there will be a hearing on his motion, likely on a previously scheduled court date on April 7.
Fox News Digital has reached out to Garza’s office for comment.
“We will not litigate this case in the press,” Garza’s office said in a statement to local media this week, vowing to continue with the case.
“We are prepared to hear this case and expect the trial to begin in June, as we have previously agreed with the defence. A delay in justice is a denial of justice and four years is too long to wait. It is time for the community to weigh in on whether they believe the defendant’s actions violated the law.”
