A defense attorney attempting to get a criminal case against an Austin police officer dismissed is now asking a judge to take a step further: examine whether the prosecutors who brought the case violated the law.
APD Officer Chance Bretches was indicted in 2022 on charges of aggravated assault with serious bodily injury by a public servant and aggravated assault with a deadly weapon by a public servant due to his use of less-lethal “bean bag” ammunition against protesters during the May 31, 2020, demonstrations outside the Austin Police Department headquarters. A subsequent indictment added additional counts, including deadly conduct and assault.
Bretches’ attorney Doug O’Connell has filed a motion to dismiss the charges, alleging District Attorney José Garza’s office failed to disclose key information that could have supported his defense. The defense also asks the court to initiate a court of inquiry, a rarely used process that allows a judge to investigate whether a public official may have committed a criminal offense. The defense alleges prosecutors held 2023 meetings with city officials about whether the city of Austin itself could face charges tied to police actions during the 2020 protests…