AUSTIN, Texas — Editor's note: The video above spells the officer's name as "Alejandra." However, it is spelled "Alejandro."
The Travis County District Attorney's Office has filed charges against an Austin Police Department officer in connection with an incident that occurred in March 2021.
The DA's office said it is charging Alejandro Gaitan with the offenses of aggravated assault with a deadly weapon, assault with bodily injury and official oppression as a result of an investigation of the alleged assault of Carvius Jackson on March 12, 2021.
The office said it also filed a notice of agreement acknowledging Gaitan's right to request an examining trial, which is a hearing in open court where the prosecution presents evidence to allow a magistrate judge to "examine into the truth of accusation made." The DA's office said its notice of agreement means there will not be an objection if Gaitan requests an examining trial.
"Our office will continue to hold law enforcement officers who engage in criminal conduct accountable and will do so transparently,” Travis County DA José Garza said.
Shortly after the DA's office announced the charges, Gaitan's attorneys, Doug O’Connell and Ken Ervin, issued a press release of their own. In that release, the attorneys said that a judge on Thursday granted their motion and ordered Garza to "record the entirety of his scheduled presentation of evidence to a grand jury reviewing a use-of-force incident involving Austin Police Department Officer Alex Gaitan."
The attorneys said their intent for the court order was to "prevent Mr. Garza from abusing our grand jury system to indict police officers." They said they wanted access to everything Garza's attorneys said and everything they showed to the grand jury.
"If the grand jury was misled, we would finally have proof," the attorneys said.
However, O'Connell and Ervin said that Garza "sidestepped the court mandate, as well as the grand jury, and formally charged Officer Gaitan with multiple offenses without an indictment and without grand jury approval."
"Mr. Garza's actions have done nothing to dispel our belief that he intends to criminally charge police officers at any cost," the attorneys said.
In its press release, the DA's office said that in all criminal cases, it has the authority to preliminarily charge a defendant prior to presenting the case to a grand jury through a legal instrument called an information. By filing charges by information, the office said it can comply with the statue of limitations and continue to litigation pre-trial issues.
The Austin Police Department (APD) released the following statement regarding the charges:
"The Austin Police Department learned today of the decision by the Travis County District Attorney’s Office to file an “information” regarding the criminal investigation involving Officer Alejandro Gaitan based on an incident from 2021.
"The Austin Police Department conducts an internal review of all encounters where its officers use force. Shortly after this incident, the department identified it through its standard internal review process. Department supervisors immediately referred the case to the Internal Affairs Unit for administrative investigation, the Special Investigations Unit, and the District Attorney’s Office for criminal investigation.
"APD also investigated other officers who were present during the incident. The department disciplined two officers for failing to intervene, amongst other policy violations. APD respects the criminal justice process, has fully cooperated with the investigation, and will continue to do so."
Additionally, APD informed KVUE that Gaitan has been placed on "restricted duty," in accordance with General Order 959.