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Trooper indicted for agg. assault by a public servant
The largest law enforcement association in Texas is condemning an indictment of a DPS Trooper. The charge comes from a July 2023 shooting.
AUSTIN, Texas - A Texas DPS trooper has been indicted by a Travis County special grand jury in connection with a July 2023 shooting.
Jason Tye has been indicted for aggravated assault by a public servant with a deadly weapon for the shooting of Elijah Barrientos.
CLEAT, the largest law enforcement association in Texas, is condemning the indictment.
PREVIOUS COVERAGE: Shooting involving Texas DPS trooper being investigated; suspect arrested
The backstory:
The indictment stems from a July 10, 2023, incident when Tye tried to pull over a car on I-35.
"The driver refused to stop and evaded officers," now retired DPS Sgt. Deon Cockrell told FOX 7 on July 10, 2023.
Eventually, the car pulled into a Chevrolet dealership on North Plaza and the driver got out and ran. That’s when law enforcement said Trooper Tye shot the man, Elijah Barrientos, in the arm.
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Trooper shoots suspect after pursuit: DPS
The trooper reportedly shot at the suspect and hit them in the arm.
What they're saying:
CLEAT, the law enforcement association representing the trooper, pointed out Barrientos was a wanted documented gang member and his criminal history includes more than 40 charges, many of which were felonies.
"This trooper was acting to protect the community from this dangerous, violent felon, and Jose Garza saw fit to prosecute the trooper and not the violent gang member," CLEAT Executive Director Bob Leonard said.
District Attorney Jose Garza has indicted more than 25 law enforcement officers in Travis County since he took office in 2021. Of the cases that have gone to trial, none has resulted in a conviction. Four indicted officers have agreed to plea deals.
"What he does when he persecutes law enforcement officers like this is he puts them and their families in great stress," Leonard said. "It's blatantly unfair and I think that, you know, this is time and time again, the DA just doesn't have the facts or the evidence to support a conviction. These prosecutions should never occur."
CLEAT said they back Trooper Tye.
"We will absolutely defend him to the ends. There is no justification whatsoever for this indictment," Leonard said.
The other side:
The Travis County District Attorney’s Office has not responded to FOX 7’s request for comment, but sent out a press release about the indictment, which included a statement from Garza:
"The District Attorney’s Office takes the work of presenting all facts and evidence to a grand jury very seriously. In this case, an independent group of members of the Travis County community heard the evidence and law and decided that Trooper Tye’s conduct was unlawful."
What's next:
Barrientos currently has multiple active warrants for his arrest.
Trooper Tye is out of jail awaiting trial.
Dig deeper:
In March 2023, Texas DPS and the Austin Police Department entered into an agreement to work together to help APD while they had staffing issues.
It lasted a few months until some allegations came out that Texas DPS was using excessive force and targeting certain areas in the city.
RELATED COVERAGE: Nearly 90% of DPS misdemeanor arrests are people of color, data shows
This incident was just three days before that agreement ended.
The Source: Information in this report comes from the Travis County District Attorney's Office, reporting/interviews by FOX 7 Austin's CrimeWatch reporter Meredith Aldis and previous reporting by FOX 7 Austin.