AUSTIN, Texas – A Texas judge has recused herself from the criminal cases of four Austin police officers who are charged with aggravated assault against protesters in May 2020.
State District Judge Julie Kocurek told the Travis County District Attorney’s Office in February that the cases appeared politically motivated, according to a prosecutor’s filing made public this week, the Austin American-Statesman reported.
Kocurek recused herself on Tuesday from the cases of officers Justin Berry, Joseph Cast, Joshua Jackson and Stanley Vick.
Travis County District Attorney Jose Garza obtained grand jury indictments against 19 Austin officers in total on charges of aggravated assault during protests that happened in May 2020, Law Officer reported.
The cases against the additional offficers are on the dockets of other judges.
The judge’s recusal comes after Dexter Gilford, the head of the district attorney’s civil rights division, filed a document detailing a phone conversation he had with Kocurek about the cases.
Gilford related the conversation in an affidavit because, under the Texas Code of Criminal Procedure, prosecutors must disclose any relevant evidence they’re aware of, he wrote.
The officers are facing charges for deploying less lethal munitions at rioters who were blocking I-35, the main interstate through Austin, and refusing to disperse after multiple instructions by police to do so. At issue is the condition of the beanbag rounds, which were reportedly out of date and caused injuries to rioters, Law Officer reported.
Consequently, several people were injured by the extraordinarily hardened nature of the beanbag munitions deployed by police, and the city has already settled some of the lawsuits.
Over a dozen officers were injured by rioters during the civil unrest on May 30-31, 2020, a fact that seems lost on Garza. Several officers were struck by bottles, rocks, jars of paint, and frozen water bottles used as weapons against police by the unruly mob.
Hence, attorneys representing the officers have said the police faced attacks, thus force was justified.
On Feb. 17, a member of Gilford’s staff contacted Kocurek’s court administrator, alerting her that the special grand jury she empaneled had returned over a dozen indictments against officers. Kocurek sent Gilford a text that same day, asking him to call her, which he did in the presence of his colleague, he wrote, the American-Statesman reported.
“Once Judge Kocurek answered my call, she said that she felt betrayed … because there were so many indictments against police officers,” Gilford wrote.
Gilford responded that he didn’t believe he or anyone in his office had done anything improper, according to the document.
“Judge Kocurek told me that she believed that she enjoyed a good relationship with law enforcement in Travis County and that she believed the prosecution of the cases arising out of the Austin George Floyd protests were the consequence of a politically motivated campaign on the part of Jose Garza, the Travis County district attorney,” Gilford wrote.
“That is not what happened,” Gilford responded, according to his affidavit.
Kocurek emailed the attorneys this week, alerting them of her voluntary recusal. Kocurek forwarded the email to the American-Statesman, saying she would not comment further on the matter.
“I am recusing myself not because I have a bias or prejudice against the state, but rather to ensure public confidence in the integrity and impartiality of the judiciary,” she wrote. “I believe my impartiality will be in question by some in the community. The perception of others is important, especially in cases like these.”
Controversy surrounded the indictments since no police officers testified before the grand jury, according to the American-Statesman. Moreover, the bean bag munitions were out of date and defective, something beyond the control of the officers who deployed them.
The legal action taken by Garza ranks among the most indictments on a single police department in the U.S. over tactics used by officers during the widespread protests and riots.
Gov. Gregg Abbott — who seems to be in constant opposition to the liberal leadership in Austin — responded to the broad sweeping indictment, suggesting he might act, if necessary, Law Officer reported.
“Last year, Austin set an all-time record for the number of murders. It comes as no surprise that murders increased after Austin decreased funding for law enforcement,” Abbott said in the February statement. “In Texas, we do not defund and denigrate our law enforcement officers. Instead we support them for risking their own lives and safety to protect our communities from people who endanger and attack our communities.”
