AUSTIN, Texas — On Friday, Aug. 14, the Austin Police Department again said it is delaying the release of video evidence from use-of-force incidents at recent protests against racism and police violence in Downtown Austin.
APD’s official policy requires video evidence in the department’s possession related to “critical incidents” to be released to the public within 60 days of the event, “unless the chief determines that a delay is needed to address investigative, prosecutorial or privacy interests.”
APD said it will not release the videos until a final decision is made by the Travis County District Attorney whether the cases will be presented to a grand jury.
APD first announced the delay in the videos' release on July 15, citing the ongoing investigations.
“In consultation with the Travis County District Attorney’s Office, the videos related to the critical incidents from the recent protest-related uses of force will not be released during the initial 60-day timeframe because doing so could potentially impact the integrity of the ongoing criminal investigations into the incidents,” the department said in a statement on July 15.
The Travis County District Attorney’s Office is currently working with the department to review hundreds of complaints, videos, reports and supplements related to use of force at the protests.
Police said investigators are in the process of scheduling and conducting interviews with the involved officers, complainants and witnesses.
“The primary reason for the delayed release of the relevant videos is the fact that investigators have not had the opportunity to interview all of the key witnesses or involved personnel identified during the course of the respective investigations,” police said.
At least two protesters were seriously injured after being shot by “less-lethal” rounds at the protests on May 30 and 31, and five officers involved have been placed on administrative duty as the investigations continue. They are:
- Officer Nicholas Gebhart, 7.5 years with APD
- Officer Kyu An, 3.5 years with APD
- Officer Kyle Felton, 1 year with APD
- Officer Derrick Lehman, 10 years with APD
- Officer John Siegel, 3.5 years with APD
Last month, the Office of Police Oversight published 227 formal complaints it received related to the Austin protests, which ranged from concerns about use of force against protesters to specific complaints about injuries to individuals.
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A Texas State University student, Justin Howell, is in rehabilitation after he was shot by a beanbag round at the protests. Howell spent three weeks in the ICU recovering from a brain injury caused by the incident, his brother wrote in an update for the Texas A&M student paper, “The Batallion,” last month. He said Howell was eating from a feeding tube.
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"His health improves by the day, but doctors caution his recovery will be a marathon, not a sprint," Joshua Howell said. "He was recently transferred to a long-term rehabilitation facility so he can receive intensive neurological, physical and occupational therapy."
Another protester, Anthony Evans, told KVUE he spent three days at a South Austin hospital and underwent two surgeries after being struck in the face by a less-lethal round.
Protester Brad Levi Ayala, 16, was also injured at the protests. A GoFundMe campaign said he was “standing quietly” on a hill when he was struck by a less-lethal round. His brother, Edwin Ayala, spoke to the Austin City Council during a live session in which APD Chief Brian Manley said police will no longer fire beanbag rounds into protest crowds.
Police previously delayed the release of footage related to the death of Austin man Mike Ramos. In that incident, Austin City Manager Spencer Cronk said the department didn’t follow policy, which requires APD consult with the Office of Police Oversight on the production of such videos. That video was released on July 27.
On Aug. 14, the attorneys for APD officers involved in the use-of force incidents at the protests – including Christopher Taylor, who was also involved in the Ramos shooting – released the following statement:
"Chief Manley deciding to release video of the shooting of Mike Ramos prior to grand jury review, while simultaneously claiming he cannot release video showing officers using force against rioters because there has been no grand jury review, is complete nonsense. The Ramos video release was never about transparency, and APD’s “policy” of releasing critical incident video is a sham. The real policy is to do whatever is most politically beneficial for the Chief and/or District Attorney in that moment, and today’s announcement proves that.
We know from representing Officer Taylor as well as officers involved in the riots that zero crimes were committed by any of these officers. Rather than doing what is right and announcing these findings to the public, they hide behind each other and blame a stunning election defeat to avoid further public criticism."
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