Travis County District Attorney Jose Garza issued a statement Tuesday, responding to rumors circulating online that he will file criminal charges against three Austin police officers who shot and killed a man early Sunday during a deadly mass shooting outside a downtown bar.
“These officers are heroes, and it goes without saying that my office is not seeking any charges and will not seek any charges,” Garza said in the release. “Claims to the contrary are false, willfully false, and are being peddled for clear political purposes.”
The statement was prompted by a post shared by X on Tuesday morning that claimed Garza would file criminal charges against the officers following an investigation by the Austin Police Department into their conduct.
The post drew attention from top Texas Republicans, including Gov. Greg Abbott.
“No matter what the DA does, I will have the final say on the fate of these officers,” Abbott said on X of the allegations against Garza. Abbott did not respond to questions before publication, but the post appeared to reference the Texas governor’s pardon power.
Texas House Speaker Dustin Burrows also posted on
It is standard procedure for the Austin Police Department to investigate potential criminal conduct by officers after all shootings, and Garza’s current policy is to present all such findings to a grand jury for possible indictment.
While Garza decided to present the officer-involved shooting cases to a grand jury, it is up to the grand jury to decide whether the officers may have committed a crime and should be indicted. Garza’s statement did not specify whether his office would still present the case to a grand jury, which has been the district attorney’s policy since taking office in 2021, although no charges will be filed.
Garza’s office did not respond to questions seeking clarification.
Austin criminal defense attorney Doug O’Connell, who represents the three officers, said he was not satisfied with Garza’s statement.
“His statement raises more questions than answers,” O’Connell told the American-Statesman. “If you don’t believe criminal charges are warranted, what’s the point of presenting the case to a grand jury?”
O’Connell, who has prosecuted several law enforcement officers on Garza’s behalf, noted that it can take months for prosecutors to present cases of police shootings to grand juries. In this case, he probably has to wait until autumn.
“Officials have struggled with this process for too long,” he said.
Editor’s note: This article has been updated to include comments from attorney Doug O’Connell