AUSTIN, Texas - The Travis County District Attorney's Office has decided to retry an Austin police officer in connection with a deadly shooting in 2022.
Ofc. Daniel Sanchez is charged with deadly conduct in connection with the death of Raj Moonesinghe.
This comes after a judge declared a mistrial in November.
RELATED COVERAGE: Daniel Sanchez trial: Jury deadlocked, judge declares mistrial
What we know:
The new trial date has been set for August 10.
What they're saying:
"Our hearts continue to break for the Moonesinghe family, who are still waiting for justice for their son, Rajan," said Travis County District Attorney José Garza. "Our Civil Rights Unit is prepared to proceed with a new trial and present evidence and facts surrounding the excessive force that led to Rajan Moonesinghe’s death."
The other side:
Combined Law Enforcement Associations of Texas (CLEAT) executive director Robert Leonard issued a statement pushing back against the retrial, saying:
"Jose Garza is doubling down on his efforts to politicize and persecute the men and women who protect the residents of Travis County. While thousands of criminals have gone free since Garza took office, law enforcement officers have been aggressively pursued even after juries and appellate courts have rejected the basis for which the charges were brought. CLEAT’s legal team is poised to continue a rigorous defense of our member, and we stand by him and his family as they have endured years of unnecessary delay and agony. Law enforcement is a difficult profession that involves split-second calculations in life-or-death circumstances, and our 28,000 members across the state stand united with Officer Sanchez."
What happened to Raj Moonesinghe?
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Daniel Sanchez trial declared mistrial - What's next?
The judge in the case of an Austin police officer facing a deadly conduct charge for the shooting death of tech entrepreneur Raj Moonesinghe has declared a mistrial. FOX 7 Austin's Crime Watch reporter Meredith Aldis joined Mike Warren to talk more about it.
Timeline:
Police said in 2022 that on Nov. 15 at around 12:30 a.m., officers responded to a call about a man with a gun in the 2300 block of South 3rd Street, near 2nd Street and Fletcher Street.
The caller described the man as a white male, wearing a gray robe and dark pants.
One minute later, at 12:30 a.m., officers were dispatched to this location. The caller said the man seemed to be scared of something inside his own home and was turning the outside lights on and off.
The caller said the man was pointing his rifle at the interior of his home, then just fired into his own home. The caller said the police were on scene and the man fired again.
Police said the man who fired the rifle was later identified as Rajan David Moonesinghe.
Two officers, driving separate marked police vehicles, arrived at around 12:33 a.m., three minutes after the initial call was dispatched.
As one of the officers pulled up to the home, he heard gunshots. Two other officers exited their vehicles and sought cover while Moonesinghe, who was standing on the porch, continued firing a rifle.
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South Austin officer-involved shooting investigation underway
The Austin Police Department said an officer killed a man after he opened fire on a home Tuesday morning.
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The first officer to observe Moonesinghe, gave him a verbal command to drop the gun. Shortly after, the officer fired his department-approved firearm at Moonesinghe. He was struck and fell to the ground.
That officer was later identified as Ofc. Daniel Sanchez.
The second officer who had just exited his vehicle made contact with Sanchez. The second officer gave verbal commands to Moonesinghe to show his hands, but the officers did not get a response.
Both officers saw the rifle on the ground near Moonesinghe.
A third officer then arrived at the scene and all three officers approached Moonesinghe who was still located on the porch of the home with the rifle nearby. The officers immediately began life-saving measures.
Around 12:37 a.m., Austin-Travis County EMS (ATCEMS) arrived on scene and continued life-saving measures. ATCEMS transported Moonesinghe to a local hospital where he later died from his injuries. No one else was injured.
Previous deadly conduct trial
The backstory:
Sanchez was indicted on a third-degree felony deadly conduct charge in December 2023. He had been previously cleared by the Austin Police Department of any wrongdoing and put back on patrol.
"A grand jury determined that Officer Sanchez’s conduct was unlawful," Travis County District Attorney Jose Garza announced in a press conference in December 2023.
The trial began last November and lasted for about five days. The jury heard from use-of-force experts for both sides, multiple Austin police officers and Moonesinghe's mother.
RELATED COVERAGE
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- Daniel Sanchez trial: Victim's mother testifies; state rests its case on day 3
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- Trial for APD officer who shot, killed man in 2022 begins
On Day 6, Nov. 14, the case was handed over to the jury, who spent about three days deliberating before reporting that they were deadlocked.
The judge presiding over the case declared a mistrial on Nov. 17.
Sources told FOX 7 Austin's Meredith Aldis at the time that the jury was split, with 7 saying not guilty and 5 voting guilty.
The Source: Information in this report comes from FOX 7 Austin's Meredith Aldis and previous reporting by FOX 7 Austin