On Monday, December 4, 2023,  the Travis County District Attorney’s Office (TCDAO) and the City of Austin (COA) announced that they have submitted a joint letter (download the letter) to the Department of Justice’s Civil Rights Division (DOJ) inviting a review of the Austin Police Department’s actions during the protests of 2020. It was also announced that, based on the original felony indictments that stemmed from the May 2020 protests, the District Attorney’s Office will be moving forward with the prosecution of four APD officers. Seventeen indictments will be dismissed, and those officers will be able to return to their full duties.  

On May 30 and 31, 2020, APD officers used “less lethal” bean bag rounds to control crowds and protect property. In doing so, numerous protestors reported injuries.  Following an investigation of actions taken during that time, a Travis County grand jury returned felony indictments against more than 20 APD officers in connection with their uses of force.

“This has been a difficult chapter for Austin. I look forward to turning the page. These announcements will allow police officers, whose lives were upended by the indictments, to return to their services to our community,” said Kirk Watson, Mayor, City of Austin. “And the request for a targeted third-party performance review is meant to enhance transparency for our community and inform future actions as we continue our focus on building respect and trust for our police.”

“No parent should fear that if their child chooses to voice their First Amendment right to assemble peacefully, they will walk away with serious bodily injury caused by the very person called upon to protect them,” said Travis County District Attorney José Garza. “We expect the Department of Justice will take our request seriously, and we look forward to working with Mayor Watson, Interim APD Chief Robin Henderson, and City Council to ensure full cooperation with the DOJ investigation. We will also continue to hold law enforcement who break the law accountable.”
 
“I believe it important to note that since the time of the 2020 protests, the City has implemented numerous policy and procedure changes,” said Interim City Manager, Jesús Garza. “We welcome a review by the DOJ in that regard to ensure we are moving forward as a community and as a Police Department in the right direction.”
 
Among the numerous policy and procedure changes identified in their after-action report APD has implemented:

• Discontinued the use of 12 gauge “bean bag” less lethal shotgun munitions on patrol and for crowd management.
• Applied consistent enforcement during large crowd events to maintain crowd safety and management during challenging situations.
• Increased the emphasis and training for de-escalation in all situations.
• Prioritized community engagement efforts with a focus on active engagement and problem-solving.

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