Texas Gov. Greg Abbott hints at pardons for indicted Austin police officers

Gov. Greg Abbott has injected himself into the fight between police and prosecutors in Austin's 2020 protests, hinting Wednesday that he might issue pardons for the 19 Austin police officers indicted on felony assault charges should they be convicted.

“In 2020, Texas experienced violent protests that wreaked havoc on our cities. In Austin, law enforcement officers defended the state 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,” Abbott said in a statement released Wednesday.

“Those officers should be praised for their efforts, not prosecuted. Time will tell whether the accusations against the courageous Austin police officers is a political sham. Time will also tell whether I, as governor, must take action to exonerate any police officer unjustly prosecuted."

More: Austin police officers facing assault charges tied to 2020 protests surrender to authorities

With less than a week to go before the Republican primary, Abbott’s proclamation of support for the indicted officers is the latest salvo in his ongoing political battle with Austin and Travis County officials over their handling of police reform efforts.

Abbott endorsed several bills last year that aimed to punish cities that cut police department budgets, after the Austin City Council voted to reallocate millions of dollars of the Austin Police Department’s funding in 2020. The bills included a proposal, which did not become law, of a state takeover of policing in Austin, by transferring control from the Police Department to the Texas Department of Public Safety.

In response to Abbott's statement, Travis County District Attorney José Garza's office issued a statement in support of the indictments, calling the governor's message "political talking points."

More: Austin police chief’s deposition reveals ‘unprepared’ protest operations, defense of officers

"Unlike the governor, we believe that no one is above the law, and that our communities are safer when people see and believe that is true. In these cases, Austin police officers indiscriminately fired deadly weapons into crowds of people. Many of the people hit were innocent bystanders and they suffered severe and lasting injuries. Our investigation into this matter continues. Safety and accountability are our priority, not political talking points."

More: Gov. Greg Abbott pushes ahead on partial police takeover of Austin, addressing homelessness

Police indictments

Abbott’s comments came days after a Travis County grand jury returned indictments against the officers on aggravated assault charges. The officers, who are out on bail and have been placed on administrative duty, are accused of firing “less-lethal” bean bag munitions into crowds gathered downtown and injuring protesters and protest observers who prosecutors say were not posing a threat of violence.

The indictments — the largest number for police in any U.S. city from the social justice protests following George Floyd's death in Minnesota — led to pushback from city officials. Ausitn Police Chief Joe Chacon defended the officers, saying they were asked to work in chaotic conditions and that he was "disappointed" by the indictments.

City Manager Spencer Cronk said, "We do not believe that criminal indictments of the officers working under very difficult circumstances is the correct outcome."

The grand jury proceedings — which were held in private, as is standard — concluded on the same day the Austin City Council voted to resolve lawsuits with two wounded protesters by paying a combined $10 million in settlements, including a record $8 million in one of the cases.

Abbott did not reference the settlements, nor did he say if he had reviewed the evidence presented to the grand jury, which is made up of 12 residents chosen at random.

More: Abbott-backed proposal would put all Austin policing under state control

Garza and law enforcement

Garza, a prosecutor supported by the left-leaning Democratic Socialists of America, is an obvious target for the Republican Abbott, especially during a primary election in which the governor's conservative bona fides are under attack by challengers Don Huffines and Allen West.

Garza, who won election in 2020 after campaigning to hold law enforcement officials accountable, has secured indictments against 27 officers in Austin and other jurisdictions through his civil rights unit.

Defense attorney Doug O’Connell, who represents eight of the officers indicted in the protests, declined to comment on the governor’s statement.

Per the state constitution, the governor, after conviction, can grant a full pardon except in cases of treason or impeachment. But he can do so only at the recommendation of the majority of the Texas Board of Pardons and Paroles.

The board's members are appointed by the governor and serve six-year terms.

“As conservative and pro-law enforcement as that board is, I think it would set a pretty bad precedent,” said local attorney Keith Hampton, whose law practice focuses on appealing convictions. “You would essentially be saying there aren’t any rules when a governor wants something. That’s exactly the opposite of the system we have now.”

Traditionally, Abbott announces a wave of pardons every December.

Impact on the case

Wednesday’s comments were unusual because the cases against the officers are just beginning, and it could be years before they go to trial.

Defense attorney Steven Brand, who is not representing any of the indicted officers, called Abbott’s statement irresponsible and said the governor should stay silent on the indictments.

The possibility of pardons could hurt both the prosecution and the defense, Brand said — the prosecution because it undermines the credibility of the investigation that led to the indictments, and the defense because a jury at odds over a verdict might be more inclined to return a conviction if they believe the officer will be pardoned anyway.

“This has nothing to do with him,” Brand said. “These are 19 police officers who were indicted by the grand jury. Do I know the individual facts and circumstances in the case? No, not yet. I doubt he does either, because neither one of us has discovery in the case. I’d leave it to the people reviewing the offense reports and watching the videos.”

This is not the first time Abbott has interfered with criminal justice proceedings. Early in the COVID-19 pandemic, as Texas judges approved more personal bonds to better manage jail populations, Abbott issued an executive order prohibiting the release of inmates suspected of many violent offenses.

Defense attorney Charlie Baird, a former state court and appeals court judge, said Abbott’s comments could influence a jury pool when the cases proceed to trial.

“He’s obviously someone who’s newsworthy,” Baird said. “His pre-adjudication pronouncements on what his intentions are has a great likelihood of tainting a jury pool.”

This article originally appeared on Austin American-Statesman: Gov. Greg Abbott hints at pardons for indicted Austin police officers