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A criminal case linked to the 2020 George Floyd riots in Austin, Texas, is generating broader controversy, with prominent law enforcement groups calling for the resignation of the Soros-backed district attorney over allegations of misconduct, political coordination and withholding key evidence.
Lawyers for Austin Police Department Officer Chance Bretches filed a motion in Travis County District Court to dismiss the case against him, alleging that prosecutors from District Attorney José Garza's office violated the officer's constitutional rights and compromised the integrity of the case by failing to disclose alleged behind-the-scenes communications with Austin officials about holding the city or police leadership criminally liable for harming injured protesters.
Bretches faces charges of aggravated assault by 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 in downtown Austin. His attorneys argue he relied on “less lethal” bullets issued by the department that were later questioned, claiming the equipment itself was defective and contributed to the injuries in question.
Alleged “secret meetings” with Austin officials about the city's responsibility for defective bullets that caused more damage than they were designed for, Bretches' lawyer says, were something prosecutors considered “It was compelling” because it showed the belief and possibility that the city had “criminal culpability” in the case.
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Travis County District Attorney José Garza poses in front of the Austin skyline in a portrait on the county's website. (Travis County Prosecutor's Website)
The motion bases its claim of “secret meetings” on two sworn statements: one from a former Austin city manager, who says he met in person 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 district attorney's office was considering such a charge.
“Prosecutors can meet 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 charge the city as a corporate entity, which would make the city an alternative suspect or an unindicted co-defendant.”
O'Connell maintains that Garza created disclosure obligations under Brady v. Maryland, which requires prosecutors to turn over potentially exculpatory evidence to the defense.
“If that logic is followed, then the basis of his accusation against the city, which never materialized, is, in fact, Brady,” O'Connell said. “Even if you thought you had enough evidence and then determined you didn't, it's still Brady. It's a violation of the Michael Morton Act, a violation of the court order and a violation of the 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 enacted after a wrongful conviction case, requires prosecutors to turn over most evidence in their possession to the defense, including information that could be favorable to the defendant.
O'Connell says the law requires that “exculpatory mitigating evidence” be provided to the defense.
“It's clear that they didn't turn over the evidence as to why they felt they could charge the city and the city was legitimately scared enough by this to go out and hire their own criminal defense attorney,” O'Connell said. “So one of two things is true: either he had the evidence and didn't present it to us, or he had no basis to accuse the city, and he was just threatening them, and that would be official oppression anyway.”
Two of the most recognized law enforcement organizations in the area, the Combined Law Enforcement Associations of Texas (CLEAT) and the Austin Retired Police Officers Association (APROA), reacted to the motion by calling on Garza, who has long been accused of harboring animosity toward police, to resign from his position as the county's top prosecutor.
“It's like the last straw, everything that's been going on with the continued political prosecutions of Austin police officers who are just doing their job and doing the job the way we're trained to do their job,” Farris told Fox News Digital of APROA's official letter calling for Garza to resign, the first time they've done so despite intense criticism of Garza over the years.
Garza has for years faced public backlash from his critics for his treatment of police officers and families of crime victims who have spoken out against what they consider a lack of will to imprison criminals.
“He's targeted the police and now we've found out he did some shady things and it's time for him to go,” Farris said.
After winning an election following a campaign, backed by liberal mega-donor George Soros, that pledged to prosecute police officers, Garza charged more than 20 police officers, including Bretches, for their role in quelling the Black Lives Matter riots. Garza has attempted to prosecute numerous other officers on charges related to deadly force, and only one successful conviction was later overturned.
“There can be no worse violation of a district attorney's oath than intentionally denying a defendant a fair trial,” said CLEAT Executive Director Robert Leonard. said about the motion. “It is a direct violation of their constitutional rights.”
Furthermore, O'Connell filed a motion requesting that an investigative court summon a district judge to investigate whether Garza committed any crime with his actions.
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The shore of Lady Bird Lake in Austin, Texas. (Jay Janner/American-Statesman/USA TODAY NETWORK)
O'Connell described the move as using an “obscure provision of the Texas Code of Criminal Procedure that allows a district court judge to hold a hearing to determine whether the law has been violated.”
“In this case, it would be a hearing to determine whether the elected district attorney and top lieutenants committed a crime of official oppression and tampering with evidence by failing to present mitigating or exculpatory evidence in this case.”
While some local media have cast doubt on the motion's likelihood of success, O'Connell says he is optimistic that he will be granted a hearing on his motion, possibly on a previously scheduled hearing date of April 7.
Fox News Digital has reached out to Garza's office for comment.
“We will not litigate this case in the press,” Garza's office said in a statement this week to local media promising to pursue his case.
“We remain ready to try this case and hope to begin trial in June as previously agreed upon with the defense. Justice delayed is justice denied, and four years is too long to wait. It is time for the community to weigh in on whether they believe the defendant's actions violated the law.”
