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Photo by David Brendan Hall From 2011 to 2019, the city of Austin paid $8 million in settlements to victims of police violence, and another $800,000 to private law firms brought in to defend the city and Austin Police Department officers in civil lawsuits stemming from APD's use of force. With at least eight more suits pending, the costs are likely to increase. Data provided to the Chronicle by the city shows that 61 lawsuits were filed against the city or an individual officer accused of using excessive force. State law requires that the city provide legal defense to any officers sued for actions taken while on duty. In most cases, in-house attorneys from the city's Law Department take on these cases, but if the department is short-staffed or needs outside expertise, the city will contract with outside counsel.
In the past three months, grand juries have indicted as many law enforcement officers in use-of-force cases under Garza's administration as they did within the entire four-year term of his predecessor, Margaret Moore. But even while his office is accruing indictments, experts say there is no guarantee that Garza and his prosecutors will see a courtroom victory. "Generally, it is really difficult for prosecutors to get a conviction at trial in a police fatality or police brutality case," said Alissa Marque Heydari, a former prosecutor with the Manhattan district attorney's office. "There are many reasons for that. A lot of laws are written such that it is difficult to secure a conviction. Juries can be reluctant to convict a police officer, for various reasons. It is difficult — but not impossible — to prevail at a trial."
A Travis County grand jury has indicted two Austin police officers on felony assault charges in connection with the violent arrest of a Black man nearly two years ago that had been cleared in a department investigation with no findings of wrongdoing against the officers. The indictments of officers Chance Bretches and Gregory Gentry on aggravated assault by a public servant charges highlight a disparity in how Chief Brian Manley and his administration viewed the case and how new Travis County District Attorney Jose Garza and grand jurors evaluated it. "Holding law enforcement officers accountable when they break the law is critical to rebuilding community trust, and also to the safety of our community," Garza said Friday.