Daniel Sanchez trial: Retired police officer, use-of-force expert testifies in day 2

Daniel Sanchez trial: Day 2

On Friday morning, day two of the trial for an Austin police officer who shot and killed a man in 2022 began.

AUSTIN, Texas - On Friday morning, day two of the trial for an Austin police officer who shot and killed a man in 2022 began. 

Officer Daniel Sanchez is facing a deadly conduct charge for the death of tech entrepreneur, Raj Moonesinghe.

Day 2 of trial

What they're saying:

The defense called retired police officer and use-of-force expert Jamie Borden to testify.

Borden said he uses different things to determine if deadly force is reasonable, including context of the call, purpose of the call, what type of threats there are, and if the threat is viable. He said when officers arrived at Moonesinghe’s house, they didn’t know where shots were coming from or where they were going.

Borden said Moonesinghe firing the two shots into his home while officers arrived "holds extreme significance" because it’s an active shooting at that point and everything accelerates because they are dealing with an active shooter. Borden points out the officers knew before arriving that Moonesinghe had a long rifle and that the caliber of weapon could go through the officer’s vest, walls, fences, etc. He stated the threat evaluation was extremely high.

APD officer Daniel Sanchez on trial

The trial for an Austin police officer who shot and killed a man in 2022 has begun. Officer Daniel Sanchez is facing a deadly conduct charge for the shooting death of Raj Moonesinghe.

Borden’s conclusion was that Sanchez’s use-of-force was in response to an immediate threat to prevent harm to themselves and the neighborhood. He said it was appropriate to Austin Police Department’s policy.

Borden analyzed the Ring camera video and sound of when the shots were fired by Sanchez. He said the time between Sanchez giving Moonesinghe the command to drop the gun and the time he shot Moonesinghe was about 300 milliseconds. He pointed out that at the same time as Sanchez fired the second shot, another shot was fired by Moonesinghe.

When the state asked Borden when Sanchez shot three times, and Moonesinghe dropped the gun, was still a potential threat? Borden said yes and that Moonesinghe was still up, there was a live weapon, and until Moonesinghe was down, he was still a threat. Sanchez shot twice more after.

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Trial for APD officer who shot, killed man in 2022 begins

The trial for an Austin police officer who shot and killed a man in 2022 has begun. Officer Daniel Sanchez is facing a deadly conduct charge for the shooting death of Raj Moonesinghe.

Austin Police Department Special Investigations Unit Sergeant John Abbott, the state’s witness, was cross-examined Friday morning.

He described the Ring videos that showed Moonesinghe’s home during the day leading up to the shooting. At around 2 a.m., Moonesinghe is seen coming home. Sgt. Abbott said he had just come home from the airport. 

Shortly after, Moonesinghe is seen meeting someone at his car, but doesn’t leave with them. A little after that, Moonesinghe moved his Ring camera to face the street instead of his door. At around 11:36 that night, Moonesinghe's friend came over. Abbott said Moonesinghe had asked him to because he believed someone had been in his house. Sgt. Abbott said the friend had checked the house and found no one. The friend is seen leaving. About 30 minutes later, the shooting happened.

Trial for APD officer who killed man in 2022 begins

The trial for an Austin police officer who shot and killed 30-year-old Raj Moonesinghe in 2022 starts next week.

Austin police officer Stephen Markert also took the stand. He was the first officer assigned to the call regarding Moonesinghe. He said he was just a few miles away, described the call text as ‘weird’ and took off. Officer Markert said once he got close to Moonesinghe’s house, he turned off his lights and sirens and heard a rifle being fired. He said he couldn’t see where it was coming from or who fired the shot, but could tell it was very close. Officer Markert said he perceived he was being fired at and started preparing for what was ‘likely going to be a gun fight.’

Austin police officer Luis Brito took the stand next. He came to the scene last after all the shots had been fired. He said he helped clear the house, making sure there weren’t any other people in the house. After checking with other officers that the house was clear, he started rendering aid to Moonesinghe. Body-worn camera footage showed Moonesinghe had been hit in the pelvic area and was still breathing at the time. Family and friends were visibly emotional in the courtroom.

What's next:

The trial will pick back up on Monday, Nov. 10. Court will not be in session on Tuesday because of Veterans Day. 

The trial is expected to last at least a couple of weeks.