Austin to pay $2.95 million to another injured protester; payout total reaches $13 million
Brad Ayala, a teenager who became a focal point in Austin's May 2020 social justice protests after dramatic video showed him drop to the ground when struck in the head by an Austin police bean bag round, is the latest injured protester to receive a seven-figure settlement from the city.
On Thursday, the Austin City Council approved a payment to Ayala of $2.95 million, bringing the combined amount of money paid by the city to four injured protesters to over $13 million.
That number is likely to grow as the city and its lawyers defend 10 other cases, and face the possibility of additional lawsuits still to come.
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Austin police officer Nicholas Gebhart, who is accused of shooting Ayala as the teenager's arms were down and to his side, was among 19 officers indicted on assault charges last month for their roles in shooting at protesters with the so-called less-lethal munitions. Lawyers for some of the officers said their clients were reacting to violent protesters who were hurling rocks and bottles at police.
The city's agreement with Ayala comes two weeks after the city settled with two other protesters who were badly injured: Justin Howell received $8 million, an Austin record in a police excessive force case, and Anthony Evans received $2 million. A fourth protester, Arianna Chavez, was the first to reach a settlement, in early February, and received $150,000.
Lawyer Dicky Grigg, who represented Ayala, never filed a lawsuit against the city, but said he would have had he not reached a resolution.
Video of Brad Ayala protest shooting challenges Austin police's deposition
Ayala, 17, has recovered from his injuries and is enrolled in advanced courses at KIPP public charter schools with the intention of graduating this year, Grigg said. Ayala continues to be employed by the same sandwich shop where he had just finished a shift prior to arriving at the protests on the night he was shot.
"Both his family and his lawyers are very pleased in his recovery, and we're pleased in the settlement because that will give him some money because we're concerned later on he might develop problems," Grigg said.
Ayala suffered a skull fracture, and doctors needed seven hours in surgery to remove the bean bag round from his head, according to his family.
In a deposition taken last fall, Austin Police Chief Joe Chacon said that Ayala was throwing things at police prior to being shot. Those interactions were not shown on the bystander video that made the rounds on social media.
“My understanding on the Brad Ayala case is that — that individual was displaying active aggression toward the police, throwing things at the police," Chacon testified.
Grigg said that Ayala was throwing rocks at one point during the protest, but said that, at the time he was shot, was not presenting a threat.
"They had some video of Brad throwing things prior to being shot," he said. "But the way we looked at it, it's sort of like if someone drops a gun and is just standing there. Brad was with his hands by his side. You don't shoot him."
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The city hired private lawyer Dan Richards and his law firm to handle the Ayala case. The firm also handled the Howell and Evans cases, and it received a total of $799,000. It's unknown how much it received in the Ayala case, but it figures to be a smaller amount since Ayala never filed a lawsuit that would have required a response by the city.
The American-Statesman requested the total dollar amount the city expects to pay to Richards' firm. In response, the city said that information can be obtained only through a public records request, a process that can give the city weeks or months to respond.
The taxpayer money to settle the cases — and for the fees to the firm — comes from a liability reserve fund. This year, that fund is set at $10.1 million.
This article originally appeared on Austin American-Statesman: Austin has now paid more than $13 million to injured protesters
