Indicted APD officer Justin Berry resigns from state panel that oversees police standards

Criminally indicted Austin police officer Justin Berry resigned from his governor-appointed position on the Texas Commission on Law Enforcement — the state agency that regulates standards for law enforcement officers — after the state Senate refused to confirm his appointment before a deadline next week.

Berry's resignation, announced quietly by the governor's office Wednesday, closes the book on the controversial appointment before Berry's work even began, and, pointedly, signals a rebuke of Abbott by the Republican-controlled Senate.

Abbott ignited a political firestorm in August when he announced Berry as one of two appointees to the commission, with some calling it a calculated move to secure support from pro-law enforcement voters in his reelection campaign. Six months earlier, in February 2022, a Travis County grand jury had indicted Berry on a charge of aggravated assault by a public servant for injuring a protester during the 2020 demonstrations in downtown Austin against racial injustice and police brutality. Berry is said to have struck a person with less-lethal munitions from a shotgun, according to the indictment.

Berry, whom the Police Department placed on administrative duty after the indictment, declined an American-Statesman request for comment about his resignation Wednesday.

Berry is among 21 officers in the department facing charges in connection with the protests. None of the officers has gone to trial. Abbott has hinted he might issue a pardon that would exonerate them. To date, the city of Austin has paid $19 million to settle 15 protester lawsuits.

Berry's resignation became public Wednesday morning in the Senate. As senators prepared to begin their work for the day, a messenger went to the microphone to announce that Berry had resigned and that Abbott requested the senators withdraw his nomination.

The resignation comes a week before the Senate was scheduled to vote on the appointment and, likely, was prepared to reject it.

Although Abbott makes appointments to most of the state's boards and commissions, his nominations require Senate approval, and only when the Senate is in session. The 88th legislative session is set to end May 29. Berry's term, had the Senate confirmed it, was set to expire in August 2027.

Abbott has taken a particular liking to Berry, a former Republican candidate for Texas House District 19 who lost in the GOP primary runoff last year. Abbott endorsed Berry for the seat in early 2022.

Gretchen Grisby, spokesperson for the law enforcement commission, did not respond to a request for comment on Berry's resignation.

Renae Eze, an Abbott spokesperson, also did not respond to a message Wednesday. In August, after the governor announced the appointment, Eze issued a statement defending Berry.

"Here in Texas, we back the blue," she said. "Justin Berry is a proven public servant who has selflessly worked to protect his community and his fellow Texans.

"In 2020, Texas experienced violent protests that wreaked havoc on our cities. Law enforcement officers, including Justin, defended the Texas Capitol from criminal assault, protected the Austin Police Department headquarters from being overrun, cleared the interstate from being shut down, and disrupted criminal activity in areas across the city. Many officers were physically attacked while protecting Austin. Those officers deserve to be praised, not prosecuted.”

This article originally appeared on Austin American-Statesman: Indicted Austin cop resigns from Texas Commission on Law Enforcement