Good Friday afternoon --
The incompetence of Travis County District Attorney is having a cascading effect on public safety.
Take these four recent examples, JUST FROM THE LAST SEVEN DAYS:
1) As KXAN reported <https://www.kxan.com/news/crime/downtown-austin-murder-suspect-previously-released-on-1-bond/> , an individual named Hilario Chavez Adrian was arrested for aggravated assault with a deadly weapon on April 5, 2023. His bond was set at $40,000. After more than four months, with the DA's office not bringing an indictment, a judge set bond at $1 due to Adrian being indigent (homeless in this case). He posted bond and was released in August 2023. On Sunday, Dec. 10, 2023 around 4am, APD received a call about a stabbing downtown. APD reached the scene within five minutes but was unable to save the victim's life. APD arrested Adrian for first degree murder. He is now in jail with a $1 million bond.
Incredibly, the DA's office told KXAN, "At our office, we understand that every case we receive is distinct and may present its own set of challenges. Nevertheless, we remain steadfast in our commitment to treating every crime victim with dignity and respect."
The crime victim for the aggravated assault was not treated with 'dignity and respect', as that case was not handled efficiently or seriously. The result is that a person was stabbed to death.
According to the KXAN story, the arrest affidavit for the murder says that the stabbing came after a disagreement over the 'cost of purchasing methamphetamine."
State law requires that defendants have their bond reduced or that they are released after 90 days of their arrest. In this case, not only had DA Garza's office not been ready to proceed to trial, it had not even indicted the defendant after 90 days.
SUPPORT OUR WORK HOLDING DA GAZRA ACCOUNTABLE HERE <https://secure.anedot.com/save-austin-now-pac/c256eee684ec4a4d310ab>
2) DA Garza has only prosecuted 33% of sexual assault cases over the past two years. KXAN reported <https://www.kxan.com/news/crime/tra...37-sexual-assault-cases-out-of-1000-reported/> that the Austin-Travis County Sexual Assault Response and Resource Team (SARRT) confirms there have been more than 1,000 sexual assault cases reported over the last two years. The DA's office reported to Commissioner's Court on Tuesday of this week that they have only proceeded with 337 of these cases. Out of those, '252 were brought before a grand jury with 246 indictments'. This failure is again proof that DA Garza's office does not respect victims and is incompetent. And this is especially rich given that Garza won his Democratic primary in large part due to his promise <https://www.austinchronicle.com/new...ntroversies-roil-the-district-attorneys-race/> to improve on his predecessor Margaret Moore's record in prosecuting these cases.
3) DA Garza irresponsibly indicted 21 APD officers more than two years ago for their role in providing riot control after the George Floyd protests, in which the 8th street bridge (over I-35) was overtaken and protesters throwing rocks and carrying molotov cocktails pledged to continue to the APD headquarters 100 feet away. At the time, we predicted not one officer would be convicted. So far, none have. Last week DA Garza bowed to reality by dropping charges <https://www.msn.com/en-us/news/crim...tactics-used-during-2020-protests/ar-AA1kZPX3> against 17 of these officers. He is continuing to pursue charges against four officers. His abuse of power cannot go unpunished.
Five of these officers are now planning to sue the City of Austin and the DA's office for 'malicious prosecution'.
From the KEYE story <https://cbsaustin.com/news/local/ap...-attorney-jose-garza-austin-police-department> :
An attorney representing five Austin police officers in civil cases tells CBS Austin they are preparing to move forward with a lawsuit against the Travis County District Attorney's Office and other entities. This stems from legal ramifications the officers were facing after the 2020 protests.
The lawsuit was filed in May 2022, but paused due to the pending criminal charges. Twenty-one officers were indicted <https://cbsaustin.com/news/local/travis-county-district-attorney-releases-indictment-documents> due to actions from the 2020 protests, but the DA's office recently announced that they were dropping 17 of those indictments <https://cbsaustin.com/news/local/st...olice-protest-response-17-indictments-dropped> .
Attorney Adam Muery, who's representing five officers in their civil cases, not criminal cases, says that the officers have faced 'malicious prosecution' by the district attorney's office for the last year and a half.
4) A local Austin family is outraged after a violent criminal with a long rap sheet was given a 12 year plea deal for firing a weapon at their car and sustaining injuries. The deal with DA Garza's office makes him eligible for parole in just six years.
From the KEYE story <https://cbsaustin.com/news/local/th...-gets-plea-deal-from-travis-county-das-office> :
CBS Austin spoke with Melinda Hipolito, a local mother and her daughter Scarlett who tell us their lives were forever impacted by a violent criminal who was ultimately given a plea deal by the Travis County District Attorney's Office.
“We’re hearing boom, boom, boom, boom, a bunch of metal and glass is shattering from every direction at us,” said Melinda Hipolito.
Melinda Hipolito is recounting how she and her two daughters survived a shooting in February of 2021.
“He emptied a clip. And he stopped three feet in front my car. He got out and reloaded and emptied a second clip into the driver’s side of my car," she said.
Hipolito says as she was helping out a family member in north Austin near the Domain, 21-year-old Devon Loper riddled her car with 28 bullets while she and her children were inside.
“My daughter, she was shot in the forehead. It took all of her forehead. And my other daughter was shot in the back of both legs,” said Melinda.
Hipolito was shot in her shoulder and collar bone. Her daughter Scarlett says in the moment, she was worried about her baby sister.
(PHOTO: CBS Austin)
“When she was gushing blood, I told her, 'don’t worry. Are you there? Stay with me.' And it was hard because I was scared of losing my sister,” said Scarlett.
Devon Loper was given a 12-year plea deal in February of 2023 with the Travis County District Attorney’s Office. He could be eligible for parole after serving 6 years.
Loper’s criminal history includes aggravated assault with a deadly weapon, drug possession, unlawful carry of a weapon and-unauthorized use of a vehicle.
“To sign a plea deal with the person who shot me and my children and pretty much gave him a slap on the wrist for harming us and almost killing us, they spit in my face, me and my children’s face,” Ms. Hipolito said.
“I don’t think this monster deserves to literally exist. He doesn’t deserve to do the things he’s done to my family. I don’t think he should ever do this to anyone,” said Scarlett Hipolito.
11-year-old Scarlet Hipolito feels her family would feel more at peace if Loper got a longer sentence.
“I’m just scared. What if he will do this same thing again? But at the same time, I don’t fear him because we survived. And we thank God for doing that. Because He’s the reason we survived,” Scarlett said
HOLDING GARZA ACCOUNTABLE
When will DA Garza be held accountable for the results of his office's incompetence and radical ideology? Right now the ONLY people who are paying for his failures are innocent victims, law enforcement and first responders.
Thankfully, two candidates have stepped up to challenge DA Jose Garza's re-election next year. Jeremy Sylerstine, a criminal defense lawyer and former prosecutor, is running as a Democrat. Daniel Betts, a criminal defense attorney, is running as a Republican. We will share more about these candidates soon.
Additionally, our Garza Watch accountability project continues. We are seeking to ensure that DA Garza is not violating state law by refusing to prosecute large numbers of criminals as of Sept. 1, 2023, when HB 17 took effect. If we find evidence he has, we will file a petition for removal from office.
We have been conducting deep research and working with partners on this project. We are offering to assist whistleblowers from the DA's office and seeking to tell the stories of crime victims. We need your help!
More here: GarzaWatch.com <http://www.garzawatch.com> .
The incompetence of Travis County District Attorney is having a cascading effect on public safety.
Take these four recent examples, JUST FROM THE LAST SEVEN DAYS:
1) As KXAN reported <https://www.kxan.com/news/crime/downtown-austin-murder-suspect-previously-released-on-1-bond/> , an individual named Hilario Chavez Adrian was arrested for aggravated assault with a deadly weapon on April 5, 2023. His bond was set at $40,000. After more than four months, with the DA's office not bringing an indictment, a judge set bond at $1 due to Adrian being indigent (homeless in this case). He posted bond and was released in August 2023. On Sunday, Dec. 10, 2023 around 4am, APD received a call about a stabbing downtown. APD reached the scene within five minutes but was unable to save the victim's life. APD arrested Adrian for first degree murder. He is now in jail with a $1 million bond.
Incredibly, the DA's office told KXAN, "At our office, we understand that every case we receive is distinct and may present its own set of challenges. Nevertheless, we remain steadfast in our commitment to treating every crime victim with dignity and respect."
The crime victim for the aggravated assault was not treated with 'dignity and respect', as that case was not handled efficiently or seriously. The result is that a person was stabbed to death.
According to the KXAN story, the arrest affidavit for the murder says that the stabbing came after a disagreement over the 'cost of purchasing methamphetamine."
State law requires that defendants have their bond reduced or that they are released after 90 days of their arrest. In this case, not only had DA Garza's office not been ready to proceed to trial, it had not even indicted the defendant after 90 days.
SUPPORT OUR WORK HOLDING DA GAZRA ACCOUNTABLE HERE <https://secure.anedot.com/save-austin-now-pac/c256eee684ec4a4d310ab>
2) DA Garza has only prosecuted 33% of sexual assault cases over the past two years. KXAN reported <https://www.kxan.com/news/crime/tra...37-sexual-assault-cases-out-of-1000-reported/> that the Austin-Travis County Sexual Assault Response and Resource Team (SARRT) confirms there have been more than 1,000 sexual assault cases reported over the last two years. The DA's office reported to Commissioner's Court on Tuesday of this week that they have only proceeded with 337 of these cases. Out of those, '252 were brought before a grand jury with 246 indictments'. This failure is again proof that DA Garza's office does not respect victims and is incompetent. And this is especially rich given that Garza won his Democratic primary in large part due to his promise <https://www.austinchronicle.com/new...ntroversies-roil-the-district-attorneys-race/> to improve on his predecessor Margaret Moore's record in prosecuting these cases.
3) DA Garza irresponsibly indicted 21 APD officers more than two years ago for their role in providing riot control after the George Floyd protests, in which the 8th street bridge (over I-35) was overtaken and protesters throwing rocks and carrying molotov cocktails pledged to continue to the APD headquarters 100 feet away. At the time, we predicted not one officer would be convicted. So far, none have. Last week DA Garza bowed to reality by dropping charges <https://www.msn.com/en-us/news/crim...tactics-used-during-2020-protests/ar-AA1kZPX3> against 17 of these officers. He is continuing to pursue charges against four officers. His abuse of power cannot go unpunished.
Five of these officers are now planning to sue the City of Austin and the DA's office for 'malicious prosecution'.
From the KEYE story <https://cbsaustin.com/news/local/ap...-attorney-jose-garza-austin-police-department> :
An attorney representing five Austin police officers in civil cases tells CBS Austin they are preparing to move forward with a lawsuit against the Travis County District Attorney's Office and other entities. This stems from legal ramifications the officers were facing after the 2020 protests.
The lawsuit was filed in May 2022, but paused due to the pending criminal charges. Twenty-one officers were indicted <https://cbsaustin.com/news/local/travis-county-district-attorney-releases-indictment-documents> due to actions from the 2020 protests, but the DA's office recently announced that they were dropping 17 of those indictments <https://cbsaustin.com/news/local/st...olice-protest-response-17-indictments-dropped> .
Attorney Adam Muery, who's representing five officers in their civil cases, not criminal cases, says that the officers have faced 'malicious prosecution' by the district attorney's office for the last year and a half.
4) A local Austin family is outraged after a violent criminal with a long rap sheet was given a 12 year plea deal for firing a weapon at their car and sustaining injuries. The deal with DA Garza's office makes him eligible for parole in just six years.
From the KEYE story <https://cbsaustin.com/news/local/th...-gets-plea-deal-from-travis-county-das-office> :
CBS Austin spoke with Melinda Hipolito, a local mother and her daughter Scarlett who tell us their lives were forever impacted by a violent criminal who was ultimately given a plea deal by the Travis County District Attorney's Office.
“We’re hearing boom, boom, boom, boom, a bunch of metal and glass is shattering from every direction at us,” said Melinda Hipolito.
Melinda Hipolito is recounting how she and her two daughters survived a shooting in February of 2021.
“He emptied a clip. And he stopped three feet in front my car. He got out and reloaded and emptied a second clip into the driver’s side of my car," she said.
Hipolito says as she was helping out a family member in north Austin near the Domain, 21-year-old Devon Loper riddled her car with 28 bullets while she and her children were inside.
“My daughter, she was shot in the forehead. It took all of her forehead. And my other daughter was shot in the back of both legs,” said Melinda.
Hipolito was shot in her shoulder and collar bone. Her daughter Scarlett says in the moment, she was worried about her baby sister.
(PHOTO: CBS Austin)
“When she was gushing blood, I told her, 'don’t worry. Are you there? Stay with me.' And it was hard because I was scared of losing my sister,” said Scarlett.
Devon Loper was given a 12-year plea deal in February of 2023 with the Travis County District Attorney’s Office. He could be eligible for parole after serving 6 years.
Loper’s criminal history includes aggravated assault with a deadly weapon, drug possession, unlawful carry of a weapon and-unauthorized use of a vehicle.
“To sign a plea deal with the person who shot me and my children and pretty much gave him a slap on the wrist for harming us and almost killing us, they spit in my face, me and my children’s face,” Ms. Hipolito said.
“I don’t think this monster deserves to literally exist. He doesn’t deserve to do the things he’s done to my family. I don’t think he should ever do this to anyone,” said Scarlett Hipolito.
11-year-old Scarlet Hipolito feels her family would feel more at peace if Loper got a longer sentence.
“I’m just scared. What if he will do this same thing again? But at the same time, I don’t fear him because we survived. And we thank God for doing that. Because He’s the reason we survived,” Scarlett said
HOLDING GARZA ACCOUNTABLE
When will DA Garza be held accountable for the results of his office's incompetence and radical ideology? Right now the ONLY people who are paying for his failures are innocent victims, law enforcement and first responders.
Thankfully, two candidates have stepped up to challenge DA Jose Garza's re-election next year. Jeremy Sylerstine, a criminal defense lawyer and former prosecutor, is running as a Democrat. Daniel Betts, a criminal defense attorney, is running as a Republican. We will share more about these candidates soon.
Additionally, our Garza Watch accountability project continues. We are seeking to ensure that DA Garza is not violating state law by refusing to prosecute large numbers of criminals as of Sept. 1, 2023, when HB 17 took effect. If we find evidence he has, we will file a petition for removal from office.
We have been conducting deep research and working with partners on this project. We are offering to assist whistleblowers from the DA's office and seeking to tell the stories of crime victims. We need your help!
More here: GarzaWatch.com <http://www.garzawatch.com> .
