Police are calling for Travis County DA Jose Garza to resign for misconduct
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The criminal case related to the 2020 riots in Austin, Texas, George Floyd has become a hotbed of controversy, with prominent groups calling for the Soros-backed district attorney to resign over allegations of misconduct, political collusion and withholding of key evidence.
Attorneys for Austin Police Department Chief Chance Bretches he made a move in Travis County District Court to have the charges against him dismissed, saying prosecutors in DA Jose Garza’s office violated the police officer’s constitutional rights and undermined the integrity of the case by not disclosing allegations that they contacted Austin officials about holding the city or police leadership accountable for harming the injured protesters.
Bretches faces charges of assaulting a public servant after being deployed as part of a crowd control response during the 2020 riots, where officers worked to disperse protesters and restore order to downtown Austin. His lawyers said he was relying on a round of bean bags issued by the department which were questioned, arguing that the machines themselves were not working properly and contributed to the injuries in question.
Alleged “secret meetings” with Austin officials about whether the city was responsible for the bean bag scam causing more damage than intended, Bretches’ attorney said, was something the prosecutor “you are required to give us” because it indicates the belief and possibility that the city is “criminally liable” in the case.
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Travis County District Attorney Jose Garza stands in front of the Austin skyline in a photo from the county’s website. (Travis County DA website)
The motion bases its “secret meeting” claim on two sworn declarations: one from a former Austin city manager, who says he personally met several times with Garza and prosecutors in 2023 to discuss possible charges against the city, and another from a former city council member, who says he was aware of internal communications indicating the DA’s office was considering such charges.
“Prosecutors can have meetings with anyone, there’s nothing illegal about that,” Bretches’ attorney Doug O’Connell told Fox News Digital. “The problem in this case is that the district attorney felt he had enough evidence to incriminate the city as a corporation, which would have made the city an alternate suspect or an innocent suspect.”
O’Connell argues that Garza triggered disclosure obligations under Brady v. Maryland, which requires prosecutors to present strong exculpatory evidence to the defense.
“If you follow that logic, the foundation of his case for the city, which has never been seen, really, is Brady,” O’Connell said. “Even if he thought he had enough evidence and later decided he didn’t, it’s still Brady. It’s a violation of the Michael Morton Act, a violation of a court order, and a defendant’s constitutional rights.”
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Protesters confront members of the Austin Police Department as they gather in downtown Austin, Texas, on June 4, 2020, to protest the death of George Floyd. (AP Photo/Eric Gay)
The Michael Morton Act, a Texas law passed after a wrongful conviction, requires prosecutors to turn over most of the evidence they have against defendants, including information that could be favorable to the defendant.
O’Connell says the law mandates that “derogatory evidence” must be given to the defense.
“It’s clear they didn’t respond to the evidence as to why they felt they could indict the city and the city was nervous enough that the city went out and hired its own criminal defense attorney,” O’Connell said. “So one of two things is true, either he had evidence and didn’t reveal it, or he had no reason to charge the city, and he was just threatening, and that would be legal pressure anyway.”
Two of the most prominent police organizations in the area, the Combined Law Enforcement Associations of Texas (CLEAT) and the Austin Police Retired Officers Association (APROA), responded to the proposal by calling on Garza, who has long been accused of harboring police, to resign from his position as the district’s top prosecutor.
“It’s kind of the last thing that’s been going on with the ongoing political persecution of Austin police officers who went out and did their job and did their job the way we’re trained to do their job,” Farris told Fox News Digital of APROA’s official letter calling for Garza’s resignation, the first time they’ve done so despite years of criticism of Garza.
Garza has faced a public backlash from his critics for years over his handling of the police and his appearances families of crime victims who have spoken out against what they see as unwillingness to imprison offenders.
“He’s focused on the police and now we’re finding out that he’s done some crazy things and it’s time for him to go,” Farris said.
After winning the election following a campaign, backed by George Soros, that promised to prosecute the police, Garza charged more than 20 police officers, including Bretches, for their role in ending the Black Lives Matter riots. Garza tried to prosecute several other officers on violent-related charges, with only one case being dismissed.
“There can be no worse violation of the oath of office by a District Attorney than to willfully deny a defendant a fair trial,” Robert Leonard, executive director of CLEAT, said with a gesture. “It is a direct violation of their Constitutional rights.”
In addition, O’Connell he made a move asking a court of inquiry asking a district judge to investigate whether Garza committed a crime for his actions.
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The shores of Lady Bird Lake in Austin, Texas. (Jay Janner/American-Statesman/USA TODAY NETWORK)
O’Connell described the move as using “an obscure provision in the Texas Code of Criminal Procedure that allows a district court judge to hold a hearing to determine whether a statute has been violated.”
“In this case, there will be a hearing to determine whether the DA-elect and the lieutenant committed the crime of oppressing officers and tampering with evidence by not presenting exculpatory or rebuttal evidence in this case.”
Although some in the media doubted the possibility of this motion succeeding, O’Connell says he is hopeful that he will be heard on his request, possibly on the scheduled court date of April 7.
Fox News Digital has reached out to Garza’s office for comment.
“We will not talk about this case in the media,” Garza’s office said in a statement this week to local media promising to continue with their case.
“We are ready to try this case and expect to begin the trial in June as previously agreed with the defendants. Justice delayed is denied, and four years is too long to wait. It is time for the public to consider whether they believe the defendant’s actions violated the law.”
