D.A. Charges Cop in Beating of Handcuffed Man, Displeasing Lawyers Who Rep APD

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D.A. Charges Cop in Beating of Handcuffed Man, Displeasing Lawyers Who Rep APD
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District Attorney José Garza used an unusual legal filing called an 'information' to charge Officer Alejandro Gaitan with aggravated assault for the beating and tasing of a man in handcuffs.

The sparring continues between District Attorney. On Feb. 7, Garza used an unusual legal filing called an"information" to charge Austin police Officerwith aggravated assault for the beating and tasing of a man in handcuffs during a 2021 arrest. In response, Ervin and O'Connell complained that Garza had sidestepped the grand jury process, saying the D.A."intends to criminally charge police officers at any cost.

An information is a court document that a district attorney can use to charge a person with crimes without getting an indictment from a grand jury. Garza told local media outlets that he still intends to submit the case to a grand jury but decided to charge Gaitan now to preserve the option of prosecuting the officer in the future, because the two-year statute of limitations on aggravated assault expires in March.

When asked if Chacon believed that charging Gaitan was appropriate, a spokesperson for the department said that APD leadership immediately investigated the use of force after learning about it."APD respects the criminal justice process, has fully cooperated with the investigation, and will continue to do so," the spokesperson said.

Gaitan stands accused of aggravated assault with a deadly weapon, assault with bodily injury, and official oppression. Ervin and O'Connell, who represent many of the APD officers Garza has charged with assault and murder since he took office, have consistently accused the D.A. of"improper political motivations" – charging officers with crimes to advance his political career. They also accuse him of manipulating the evidence he submits to grand juries to secure indictments.

The next day, Garza responded with his own motion, saying that the D.A.'s Office would not object if Ervin and O'Connell requested an"" – a trial before a judge that would force the D.A. to show the evidence he has against Gaitan. This, presumably, would be the same evidence Garza would present to any grand jury impaneled to examine Gaitan's beating of Jackson.

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