Christopher Taylor conviction overturned, acquitted of all charges

AUSTIN, Texas - Former Austin police officer Christopher Taylor has been acquitted of all charges after his conviction was overturned by an appeals court.

A jury convicted Taylor of deadly conduct in Oct. 2024 after three days of deliberations. He was charged in connection with the officer-involved shooting of Dr. Mauris DeSilva in 2019.

Taylor was sentenced to two years in prison and was originally not determined eligible for probation.

PREVIOUS COVERAGE

• Christopher Taylor deadly conduct trial: Jury deliberations continue for third day
• Christopher Taylor trial: Jury deliberations continue for second day
• Christopher Taylor deadly conduct trial: Jury begins deliberation
• Christopher Taylor deadly conduct trial: Jury to begin deliberations soon
• Christopher Taylor deadly conduct trial: Officer on scene testifies on Day 3
• Christopher Taylor deadly conduct trial: Witness testimony, surveillance video shown

What they're saying:

Austin Police Association President Michael Bullock released a statement about the acquittal, saying:

"The Austin Police Association was notified this evening that Texas' 7th Court of Appeals has REVERSED and ACQUITTED the wrongful conviction against Austin Police Department Detective Christopher Taylor. This once again shows that District Attorney Jose Garza manipulated the criminal justice system by repeatedly trying cases against Detective Taylor, until the jury pool was so tainted, that an impartial decision could not be made. Thankfully, the 7th Court of Appeals saw through this and did their part by reversing and acquitting Detective Taylor. They showed that Travis County and District Attorney Garza cannot create their own version of justice deviating from and manipulating state law, while also ignoring standard police practices.

Governor Greg Abbott, Lieutenant Governor Dan Patrick, and the Texas Legislature have done their part by remedying state law so that no peace officer can be charged under the Deadly Conduct statute that was used against Detective Taylor and the nearly 30 other officers that District Attorney Garza has gone after since taking office.

We call upon District Attorney Garza to immediately drop all remaining charges against Austin Police Officers, related to his political attacks. The men and women of the Austin Police Department must be allowed do the job they signed up for, protecting the citizens of Austin and the State of Texas, without fear of these countless political prosecutions. The Austin Police Association will always stand alongside Detective Taylor and every officer who wears the uniform of the Austin Police Department. With this ruling, the madness must end, and common sense must prevail."

The Austin Police Department released this statement about the news to FOX 7 Austin:

"We are aware of the ruling from the Texas 7th Court of Appeals, which notified former APD Detective Christopher Taylor and his attorneys that his conviction has been overturned and that he has been acquitted of all charges.

The Austin Police Department will review the decision with the City Attorney’s Office."

Taylor's trial attorney Doug O'Connell also issued a statement on the appeal:

"We are deeply grateful for the 7th Court of Appeals’ decision to overturn the conviction of Detective Chris Taylor and enter a judgment of acquittal in his case. Detective Taylor should never have faced prosecution for defending himself and his fellow officers against a man who threatened them with a knife. The use of force in this incident was both legal and authorized under the circumstances.

The Appeals Court’s ruling fully exonerates Detective Taylor and delivers a powerful rebuke to the flawed legal theory pursued by the District Attorney’s Office. The 7th Court of Appeals succinctly summarized this case as follows:

"This case comes down to a single, unavoidable question: When an elevator door opens to reveal a man holding a knife who turns toward officers and advances, may an officer reasonably believe deadly force is necessary to prevent an imminent murder? The jury concluded no. The record and the governing law compel the opposite." 

The misguided nature of this case is apparent in the District Attorney’s Office dismissal of charges against co-defendant Officer Karl Krycia. This action underscores that the prosecution was not about seeking justice but rather DA Garza exploiting tragic events for political gain at the direction of the Wren Collective. Before even taking office, Garza publicly vowed to target Detective Taylor.

Both Detective Taylor and Officer Krycia responded to the same threat in nearly identical ways, with Officer Krycia discharging his weapon just 0.027 seconds after Taylor. Criminal prosecutions are meant to provide clarity on lawful conduct, yet this case lacks any logical consistency—two officers take the same action, yet one is convicted while the other’s charges are dropped.

While we respect the jury system and its decisions, we cannot condone a jury that violates the law by conducting independent research on Detective Taylor using laptops and phones during deliberations. This misconduct warranted a mistrial. Additionally, the extensive and biased media coverage surrounding Detective Taylor made a fair trial in Travis County impossible. 

If Detective Taylor’s conviction had been upheld, it would imply that every Austin Police Department (APD) officer trained over the past 25 years has been taught to commit criminal acts. Notably, APD has made no changes to its training following this conviction, recognizing that every officer and citizen possesses the fundamental right to self-defense when faced with a lethal threat, regardless of the attacker’s mental state. This includes attempts to provoke a "suicide by cop."

The District Attorney’s case hinged on the absurd notion that the officers’ decision to take the elevator rather than the stairs to confront the armed suspect was somehow improper. It is reckless for the DA’s Office to assume superior tactical expertise over trained law enforcement officers. Such misguided prosecutions endanger both officers and the public. Perhaps the DA’s Office should consider embedding prosecutors with officers on 911 calls to provide real-time tactical advice, preventing such ill-conceived legal actions in the future.

We extend our heartfelt thanks to Appellate Attorney Richard Wetzel for his exceptional advocacy in this case. We also express our gratitude to the Combined Law Enforcement Association of Texas (CLEAT) and the Austin Police Association (APA) for their steadfast support of Detective Taylor. Finally, we honor the memory of our late colleague, Ken Ervin, a vital member of the trial team who defended Detective Taylor and countless other officers. Ken was unwavering in his belief in Chris Taylor’s innocence and in his conviction that this case was a politically motivated prosecution. An outstanding trial attorney, Ken dedicated his life to pursuing true justice."

What happened on July 31, 2019?

The backstory:

On July 31, 2019, Austin Police received several 911 calls around 5 p.m. from the Spring Condominiums in downtown Austin about a man having a mental health crisis holding a knife to his own throat. 

Neighbors reported a man banging loudly on emergency doors who sounded like he was having a mental breakdown.

One officer arrived and was told by staff that the man was a resident and had been holding a knife to his throat while walking around. The officer went inside, got on the elevator and went to the fifth floor gym.

Austin police at the time of the incident said they were told he was waving his knife at the camera, which sped up their need to respond. Four officers and a security guard got on the elevator and when they arrived at the fifth floor, the officers' body cameras caught the rest of the incident.

APD says the officers began giving the man commands and he turned around. The man is seen on body camera footage pulling the knife down towards his side and walking towards the officers. As he took a step or two toward them, two of the officers fired their guns and one fired a Taser, said former APD chief Brian Manley at the time.

EMS and first responders attempted life-saving measures on the man, who was later identified as 46-year-old Dr. Mauris DeSilva. He was transported to a local hospital by EMS and was pronounced dead just after 6 p.m.

The indictment

In August 2021, Austin police officers Christopher Taylor and Karl Krycia were indicted for first-degree murder and third-degree felony deadly conduct.

Taylor's indictment in DeSilva's death came five months after he was indicted for the 2020 murder of Mike Ramos.

Taylor's attorneys released a statement shortly after the indictment, saying the officer had used appropriate force and claiming DeSilva had "approached Officer Taylor still armed with the knife," "refused to drop the knife as instructed," and "advanced to within three or four feet of Officer Taylor before Officer Taylor had no choice but to use deadly force to protect himself."

The attorneys for DeSilva's parents at the time called the indictments "a step in the right direction".

"I can tell you that I do not believe in any way that this was a justified shooting. Dr. DeSilva was only a danger to himself. He posed no danger to the officers," said attorney Jarrod Smith to FOX 7 Austin in August 2021.

The trial

Jury selection in Taylor's deadly conduct trial began on Sept. 23, 2024. Jury selection lasted two days and the trial officially began on Sept. 25, 2024 with the state presenting its case.

Witnesses called to the stand described seeing DeSilva with a knife to his throat and calling 911.

The supervisor on Taylor's shift spoke about how APD had made contact with DeSilva before about mental health calls.

A moving company owner who came across DeSilva in the hallway was also called, saying DeSilva got uncomfortably close to him when he was holding the knife near the elevator.

Photographs of evidence at the scene were also shown.

On Day 2 of the trial, video footage from the incident was played, both from the condominium's surveillance camera and the officers' body cameras.

Surveillance video showed DeSilva with a knife, opening a door, and then looking into the surveillance camera.

Body camera video showed when officers first went into the building and talked to employees at the front desk. They could see DeSilva on the surveillance video. The officers then went up in the elevator.

When the elevator doors open, DeSilva is seen with his back to the elevator, facing a mirror, and holding the knife.

Body camera was played from both Ofc. Joseph Cast's and Taylor's perspectives. Taylor and Karl Krycia, another officer, shot at DeSilva. Cast, who was behind Taylor, used his Taser on DeSilva.

Cast, as well as the Travis County Deputy Medical Examiner, also testified that day.

On Day 3 of the trial, another officer that responded that day, Ofc. Phillip Zuniga, testified and responded to questions from the prosecution about radio call logs and why he did not call for additional resources like a mental health officer. 

There was also a demonstration by the defense, who showed with a tape measure how far DeSilva was from the officers. Using a fake knife, the defense asked Zuniga if there was a threat five-and-a-half feet away, to which he said yes.

The defense asked Zuniga to use his words to defuse the situation and then lunged at him with the knife.

The state then did their own demonstration with Zuniga, stepping closer and closer to him and asking him to say when it would be appropriate to shoot after giving commands. Zuniga decided he would shoot at about eight feet.

Three others testified that Friday, including a Texas DPS forensic scientist on ballistics, Sgt. Christian Maynes of the APD Special Investigation Unit, and the operations manager of the Spring Condominiums.

The state then rested their case. From there, the defense took over to present their case.

The defense called several expert witnesses, including Mark Sawa, a police tactics and use-of-force expert. He said several times he believes Taylor was objectively reasonable in his actions, which the state objected to, calling for a mistrial, which the judge denied. 

Part of that day was a debate between both sides on whether a piece of evidence was admissible. The defense played an audio clip of District Attorney Jose Garza in a meeting with AISD Police.

When asked by the state if hearing Garza's recording formed his opinion, Sawa said it only "bolstered" his opinion.

During the state's cross-examination of Sawa, they asked if DeSilva was a threat to others.

"It is your opinion that Mr. Desilva was not at any time imminently committing the offense of murder against Officer Krycia, Officer Taylor, or anybody else," state's attorney Rob Drummond asked.

"That wasn't what my opinion was based on, but no, he was not in the act of committing murder," Sawa said.

Both sides rested Tuesday afternoon.

Jury deliberations

Jury deliberations in the trial began following 45 minute closing arguments from the prosecution and defense and lasted about 10 hours before the judge allowed the jury to go home and rest.

Throughout the trial, prosecutors argued DeSilva was in a "profound" mental health crisis.

"This was not a case in which deadly force was necessary or justified. It was completely avoidable," prosecutor Dexter Gilford said. "Chris Taylor killed him as he was asking for help."

The defense argued it was reasonable for Taylor to respond the way he did. 

"[DeSilva] takes two steps in their direction while they are frantically telling him, 'show me your hands, drop it, drop the knife.' Mr. DeSilva did none of those things. He proceeded forward, knife leveled in their direction, and he got as close as three feet," defense attorney Ken Ervin said. "Det. Taylor had a reason to believe that's what Mr. DeSilva was doing, that he was attempting to commit murder."

Jury deliberations carried over to Thursday, Oct. 3.

On Thursday afternoon, the defense brought up concerns about jurors fearing for their personal safety and how it might influence their decision.

The bailiff, who those concerns were communicated to, was brought in to testify. She says she received a text Saturday morning about a juror concerned someone was following him, and asked if he should call 911.

APD did a welfare check, but the juror was asleep. He later said he may have been paranoid.

Another juror told the bailiff she was worried about her personal information being out after the case, but nothing specific prompted that concern.

The defense asked for individual jurors to be brought in and asked about their concerns, but the judge denied that request. The defense also asked if individual jurors could send notes to the judge. That request was also denied.

The defense called for a mistrial multiple times, which was denied.

The jury continued to deliberate on Friday, Oct. 4.

That day, there was a hearing about some jurors observed on their phones and laptops during deliberations by the bailiff. One juror asked how he was supposed to "close contracts" and that he was losing money.

The defense called for a mistrial, which the judge denied. She ordered the court to provide 12 copies of jury instructions to the jurors.

Christopher Taylor's previous trial

The deadly conduct trial came after two mistrials in the murder case concerning the April 2020 death of Michael Ramos. Taylor shot and killed Ramos after officers say Ramos failed to obey orders and started driving away. 

After a jury deadlocked at trial last fall, a new grand jury declined to reindict Taylor in the Ramos case this past June.