Travis County District Attorney Jose Garza faces mounting pressure to resign after allegations surfaced that he withheld critical evidence in a case against a police officer charged during the 2020 riots, with major law enforcement groups demanding his immediate departure over what they call prosecutorial misconduct.

Secret Meetings With City Officials

Officer Christopher Bretches stands accused of aggravated assault by a public servant after deploying department-issued beanbag rounds during crowd control operations in downtown Austin during the 2020 George Floyd demonstrations. His defense attorney, Doug O’Connell, revealed that Garza held multiple undisclosed meetings with Austin city officials in 2023 to discuss potential criminal charges against the city itself over defective beanbag rounds that caused more injuries than designed.

Two sworn declarations support the motion alleging secret meetings. A former Austin city manager confirmed he personally met multiple times with Garza and prosecutors about possible charges against the city. A former city council member stated she knew of internal communications showing the district attorney’s office considered such charges. O’Connell argues these meetings created an obligation under Brady v. Maryland to disclose potentially exculpatory evidence to the defense.

Brady Violation Claims

The defense contends Garza violated constitutional disclosure requirements and Texas’s Michael Morton Act by failing to turn over evidence about the city’s potential criminal culpability. O’Connell stated that prosecutors can meet with anyone legally, but the problem arose when the district attorney believed he had sufficient evidence to indict the city as a corporate entity, making it an alternative suspect or unindicted co-defendant.

O’Connell explained that even if Garza initially thought he had enough evidence but later determined otherwise, the information still qualified as Brady material requiring disclosure. The city reportedly hired its own criminal defense attorney due to concerns about potential charges, demonstrating the seriousness of the threat.

Law Enforcement Groups Demand Resignation

The Combined Law Enforcement Associations of Texas and the Austin Police Retired Officers Association issued official calls for Garza’s resignation, marking the first time APROA has taken such action despite years of criticizing the prosecutor. Association representatives described the allegations as the final straw after continuing political prosecutions of Austin police officers performing their trained duties. Officers argue Garza harbors animosity toward law enforcement and has focused on prosecuting police rather than ensuring fair administration of justice.