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In the most recent example of escalating friction between three major law enforcement agencies, Travis County District Attorney Jose Garza and Travis District Attorney Delia Garza accuse Austin police officers of refusing to investigate reported crimes and imprecise their judicial reform policies .
Leading prosecutors in separate letters to City Manager Spencer Cronk on Tuesday said they had received multiple complaints in which “rogue officials” told residents and business owners that they would not handle their complaints “and suggested to parishioners that it was because of this that our office is not pursuing the cases, “said a letter from Jose Garza, whose office is prosecuting capital crimes.
“When sworn law enforcement officers refuse to investigate crimes reported by Travis County residents, it undermines public confidence in our justice system and makes communities less secure,” he wrote.
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In her letter, Delia Garza, whose agency is responsible for offenses, said: “I am very aware that the misrepresentation of the misrepresentation of the policies of this office fits perfectly with attempts to hamper reform efforts in our criminal justice system. Let me make this clear. I am committed to open dialogue with leaders in our community who care more about public safety than political tricks and showing off. “
Jose Garza’s letter cited a few examples. In one case, he said, a Nextdoor user reported that an officer had refused to investigate a man who exposes himself to children. In a second, he wrote that a small business owner complained that officials refused to investigate a crime and “blamed the prosecution for their inaction.”
Separately, the prosecution released the American-Statesman’s other similar social media posts and complaints recently received from local residents who said the officers told them they were powerless to investigate an allegation as prosecutors were on the case would not pursue.
“My office has never asked the interim chief (Joe) Chacon to instruct his officers not to make an arrest if the officer believes a crime has been committed,” wrote Delia Garza. “We have not set or implemented a policy that rejects any type of burden.”
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In a statement Tuesday, a city spokesman said officials will review the information and contact both offices for more details.
“The city manager and his leadership team will then work with APD leadership to determine what action is required after the information is fully reviewed,” the statement said.
Police this week mourn officer Andy Traylor, who died in a car accident on duty on Saturday.
Tensions between the department and the prosecutor have increased in recent weeks. Some investigators were frustrated that prosecutors dropped charges against one of two teenagers arrested in the June 12 shooting in Sixth Street that killed a New York tourist and injured 13 others. Police and prosecutors initially believed a 17-year-old was the shooter, but later discovered that it was not. Garza said prosecutors dropped the case because they said it was built on that belief. Police said they believe the 17-year-old could still be charged with possession and possibly drawing a gun, but have not filed new charges, Garza said.
Separately, a senior homicide investigator in Austin has accused prosecutors of telling him to change the grand jury’s testimony on an Army sergeant who shot and killed a Black Lives Matters protester. Garrett Foster, an Air Force veteran, was legally armed with an assault-style weapon during a protest in July 2020. Daniel Perry, who was charged with murder in Foster’s death, said he shot Foster in self-defense, and the detective on the case concluded that he agreed. The detective noted on the file that the prosecution would not allow him to include evidence favorable to Perry in his testimony. Garza said the grand jury presentation was fair and thorough.
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Part of the latest issue revolves around a new policy introduced by Jose Garza and Delia Garza: prosecutors are now reviewing cases before a defendant is formally imprisoned.
As a result, dozens of possible crime and misdemeanor charges were dismissed before they were officially filed because prosecutors said the cases had no probable cause or asked the arresting officer to gather more information. Police officers consider this practice to be an affront to their work, while prosecutors say it prematurely weed out cases that lack sufficient evidence or that are not aligned with law enforcement priorities.
“I understand that there are some within your police force who are not happy with this change, but it has never been the job of this bureau or the prosecutors in any jurisdiction to simply stamp police arrests,” wrote Delia Garza.
In his letter, Jose Garza reiterated that he is continuing a policy established by former District Attorney Margaret Moore that defendants who have less than a gram of narcotics will not be prosecuted “unless there is a public safety or security threat is part of a larger investigation. “
“It was clear to me that our office is prioritizing our resources to prosecute acts of violence and that we will prosecute any suspected crimes that pose a threat to public safety,” he said.
However, he said that regardless of whether prosecutors were pursuing the case, the police were still required to do their job properly.
“It is a gross violation of public trust and makes us less safe,” he wrote.
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