2020 Austin protests: Attorneys want case against officer dismissed

AUSTIN, Texas - The attorneys for an Austin police officer facing multiple indictments for his response to the 2020 protests in Austin have filed a motion to have the case dismissed.

The filing states the district attorney’s office has illegally suppressed evidence in the case.

The backstory:

On May 31, 2020, Officer Chance Bretches was assigned to monitor the demonstrations in front of the Austin Police Department headquarters. 

The Travis County District Attorney’s Office said Officer Bretches shot a medic assisting someone injured in the protests, causing her to lose part of her finger as a result. Bretches’ attorneys said he acted under the direct supervision of his supervisors who were also there that day. They also stated the department and the city concluded Bretches acted lawfully and in accordance with his training and policies of the Austin Police Department.

Nearly two years later, the district attorney’s office obtained an indictment against Bretches for two counts of aggravated assault by a public servant. In March 2024, he was indicted again and charged with two counts of aggravated assault by a public servant, two counts of deadly conduct, and two counts of assault. 

The case is currently set for jury trial on June 1, 2026.

Dig deeper:

The filing said on October 28, 2025, the district attorney’s office said all discovery had been provided. Bretches' attorneys claim that isn’t true.

According to the filing, former Assistant City Manager Bruce Mills was involved in at least three different meetings between March 2023 and April 2023 with representatives of the Travis County District Attorney’s Office about the city’s potential criminal liability stemming from the riots. 

Mills said during the meetings, he encouraged the dismissal of charges against the officers. He said District Attorney Jose Garza then talked about his intentions to indict the City of Austin based on the Austin Police Department’s actions during the riots. Mills said they then negotiated to keep the city from being indicted while also trying to get the indictments dismissed against officers. The filing stated that because the statute of limitations was miscalculated, the district attorney’s office did not go through with their plan to indict the city.

The defense argued if a crime was committed in this case, it was committed by the Austin Police Department, who trained Bretches, provided him with defective equipment without his knowledge, and assured him his conduct was legal.

The defense said by not making the conversations with Mills public, or even telling them about them, the district attorney's office had violated Bretches due process right.

What's next:

Four Austin police officers remain under indictment for their response to the 2020 protests. 

Bretches is one of the four APD officers that remains under indictment.