2020 Austin protests: Criminal allegations against Travis County DA, staff dismissed

AUSTIN, Texas - A Travis County judge dismissed criminal allegations against the District Attorney and members of his office, while felony charges against three Austin Police officers tied to the 2020 protests move forward.

Nearly six years after protesters filled the streets of downtown Austin, the legal fight over what happened during and after, continues.

RELATED COVERAGE: Travis County DA's Office responds to allegations of 'secret negotiations'

What they're saying:

In court Monday, a judge dismissed two motions targeting the Travis County District Attorney, first assistant, and several prosecutors, meaning they are no longer facing allegations of criminal wrongdoing.

The spotlight now shifts back to three Austin police officers — Kyle Felton, Chance Bretches, and Jeffrey Teng, who still face felony charges tied to their use of force during the 2020 protests. 

The officers’ attorneys argue District Attorney Jose Garza withheld key evidence and even held private discussions with city leaders about whether the City of Austin, not individual officers, should be held responsible for injuries to Black Lives Matter protesters. They claim that information should have been turned over to the defense.

PREVIOUS COVERAGE: Travis Co. DA responds to 'secret negotiation' allegations

A new court filing is pushing back on claims the Travis County District Attorney’s Office held secret negotiations that could impact a case involving an Austin police officer indicted after the 2020 protests.

"Through the testimony of the witnesses, we'll be able to demonstrate to the court that there's a lot of material that should have been turned over to the defense and that withholding shows a clear pattern of intentional and repeated conduct," defense attorney Doug O’Connell said.

Prosecutors are pushing back, saying nothing was hidden, and those meetings were part of standard decision-making.

"Nothing is concealed. Everything still exists exactly what it always has been and if, for some reason, the court decided that that needed to be turned over, it's easily found. It's not concealed. It's on servers where they've always been. In fact, a lot of the exhibits that defense gave you today came from an open records request, which shows that these meetings were not secret and, in fact, are not concealed," Travis County District Attorney’s Office Trial Court Division director Guillermo González said.

A key question remains unanswered: whether any evidence was improperly withheld. If a judge determines it was, the cases against the officers could be dismissed. Defense attorneys said Monday’s ruling clears the way for more testimony, including from the district attorney himself.

PREVIOUS COVERAGE: Attorneys ask to dismiss case for APD officer

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.

O’Connell said in a statement: "It’s clear Mr. Garza is desperate to avoid having to take the stand and answer tough questions about why he failed to disclose his plan to indict the City of Austin, including why he twice asked the City Attorney to toll the statute of limitations. 

The Court today removed any roadblocks to Mr. Garza and his assistants having to testify. We look forward to an open setting where facts that have been buried come to light."

What's next:

Before the next hearing, the judge is ordering a detailed timeline, laying out when the city and district attorney’s office became aware of potential issues with the munitions used by officers during the protests.

For now, the motion to dismiss the cases against the officers remains on the table. 

The district attorney, first assistant, and several prosecutors in his office are expected to testify at the next hearing. The date for the next hearing hasn’t been set yet.