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Judge Rejects Criminal Inquiry Against Travis County DA Garza — But Questions Linger Over Misconduct and Public Safety
A Travis County district court judge this week dismissed a motion seeking a formal criminal inquiry into District Attorney José Garza and several of his top prosecutors, rejecting allegations that they deliberately concealed evidence in ongoing felony cases against three Austin police officers. In court, the judge dismissed two motions targeting the Travis County District Attorney, first assistant, and several prosecutors, clearing them of allegations of criminal wrongdoing — though the spotlight now shifts back to the three Austin police officers who still face felony charges tied to their use of force during the 2020 protests.
The ruling, however, did not fully close the door on the underlying controversy.
A key question remains unanswered: whether any evidence was improperly withheld. If a judge ultimately determines it was, the cases against the officers could be dismissed entirely. Defense attorneys declared the ruling a partial victory, noting it clears the way for further testimony — potentially including from Garza himself.
At the heart of the controversy are allegations that Garza’s office concealed records of private negotiations with city of Austin officials. Attorneys representing Officer Chance Bretches argue that the DA’s Office violated constitutional due process requirements by failing to disclose secret meetings with city officials in 2023 about potential criminal liability tied to police actions during the protests. Defense attorneys further allege that DA Garza, First Assistant District Attorney Trudy Strassberger, and Assistant District Attorney Dexter Guilford participated in those meetings — meetings that were never disclosed to the defense, despite prosecutors certifying that all discovery had been turned over.
Attorney Doug O’Connell, who represents several of the charged officers, called the situation “hugely concerning,” stating: “The government has put the judge in a position where she can’t look at the defendant and guarantee that he’s getting a fair trial.” O’Connell has vowed to press forward, and stated after the ruling: “It’s clear Mr. Garza is desperate to avoid having to take the stand and answer tough questions about why he failed to disclose his plan to indict the City of Austin.”
This is not the first time Garza’s office has faced accusations of selectively controlling what evidence reaches a grand jury. Defense attorneys have argued that “the extraordinary number of police officer indictments obtained by Mr. Garza since 2021 has been the result of his office carefully selecting what evidence to show to grand juries, and more importantly what evidence to withhold.” Former prosecutors who now represent Austin police officers have argued that “investigators from the Austin Police Department, trainers, use-of-force experts, people with decades of knowledge in this area, were systematically excluded from conveying information to the grand jury.”
Achievement Unlocked 🏆
— Chris Harris (@chrisharris904) May 4, 2026
Asking tough questions since grade school. Teachers said stop, they couldn’t answer them.
Now in Travis County with DA Jose Garza, that same trait rolls into adulthood… and the biggest players in the criminal justice system hit with the side-eye when…
I must be missing something about what happened today.
— Chris Harris (@chrisharris904) May 4, 2026
(The Court of Inquiry motion for DA Jose Garza was denied with prejudice).@LawTalkinDude pic.twitter.com/OWq2JHfnML
Takeaway from today’s Court of Inquiry Motion (and related motions) hearing starring Jose Garza:
— Chris Harris (@chrisharris904) May 4, 2026
(Q: “Why do you do this?”
A: Once you’ve seen how our justice system actually operates, there’s only one reason left now:
it’s hands-down the best free comedy show in town. Front-row… pic.twitter.com/ukxKqDZ26D
Beyond the police prosecution controversy, Austin residents have grown increasingly vocal about what they see as Garza’s failure to aggressively pursue violent criminals in the community.
Anyone wondering why Patrick was smiling when he was arrested for the 40th time? He was convicted of punching a bodega manager in 2025 after busting down door, but the store had cameras and we all know that's what sets these folks off. He plead and got time served (sound… pic.twitter.com/zasq1qsRrE
— cost_of_bummership (@cost_of_bums) May 4, 2026
In January 2025, an arrest led the family of Kelly Meazell to believe they were getting justice. Months later, the Travis County District Attorney's Office rejected the charges, citing a lack of evidence.https://t.co/Hh5CGE1K3G
— CBS Austin (@cbsaustin) May 5, 2026
Mail and package theft in Austin has more than doubled since Austin's two top prosecutors took office in 2021.
— Austin Justice (@AustinJustice) April 29, 2026
Misdemeanor cases go to County Attorney Delia Garza. Felonies go to DA Jose Garza. Under both, dismissals and plea reductions are routine, and thieves have noticed. pic.twitter.com/oEXnC8ZRGR
An analysis by KVUE-TV and the Austin American-Statesman found that 181 felony suspects in Travis County stayed behind bars past the legal 90-day window for prosecutors to seek an indictment, and dozens of those suspected of violent crimes were eventually released from jail — sometimes delaying or denying victims any justice at all. In 2024 alone, Garza’s office missed the 90-day indictment deadline 263 times — a figure that drew condemnation even from some of his progressive supporters.
Save Austin Now, a local public safety advocacy group, launched a dedicated website called “Garza Watch” to track cases of repeat offenders whose crimes they attribute to what they describe as inadequate prosecution by Garza’s office, and solicits stories from crime victims directly.
Social media in the Austin area reflects similar frustration, with residents regularly posting accounts of known repeat offenders being released on low bonds or having charges dropped, only to go on to commit further crimes.
Not surprising how Austin ranks. @JosePGarza's ridiculous restorative justice does not work! https://t.co/c8oPL73CdV
— Gramma Bear ATX (@grammabearatx) May 5, 2026
Governor Greg Abbott has amplified these concerns publicly, writing on X: “This DA’s failure to prosecute murderers and repeatedly letting dangerous criminals go free, while prioritizing prosecuting police, will have consequences.”
Travis Co. District Attorney gets security.
— Greg Abbott (@GregAbbott_TX) August 12, 2024
What about the security of Travis Co. residents whose lives are endangered by the countless criminals arrested for dangerous crimes that the DA refuses to prosecute & sets free on the streets.
Double standard.https://t.co/pxuWfxO4FS
Some Austin police unions have called for Garza to resign outright. “It’s time for him to go before he does more damage to this county than we can fix,” said Dennis Farris, president of the Austin Police Retired Officers Association.
Garza, now in his second term after winning re-election in November 2024, has consistently pushed back on the “soft on crime” label. When asked directly whether he considered himself soft on crime, Garza responded: “I think this is one of the safest communities in the country. I think it is because of our approach here in the District Attorney’s office.”
For many Austin residents, however, that answer rings hollow. The combination of mounting evidence controversies, missed indictment deadlines, and a pattern of what critics describe as prosecutorial prioritization of police misconduct cases over repeat violent offenders has fueled a perception that the DA’s office is misaligned with the community’s public safety needs. Monday’s ruling may have spared Garza from a criminal inquiry — but it does little to quiet the growing chorus of voices demanding accountability.
Sources:
- FOX 7 Austin — “2020 Austin protests: Criminal allegations against Travis County DA, staff dismissed” (May 4, 2026): https://www.fox7austin.com/news/travis-county-da-criminal-allegations-dismissed
- KXAN — “Secret meetings alleged between Travis County DA and Austin officials in motion to dismiss APD officer protest case” (March 17, 2026): https://www.kxan.com/investigations/secret-meetings-alleged-between-travis-county-da-and-austin-officials-in-motion-to-dismiss-apd-officer-protest-case/
- KXAN — “Defense seeks rare court of inquiry, citing Texas law in alleging misconduct by Travis County prosecutors” (March 18, 2026): https://www.kxan.com/investigations/defense-seeks-rare-court-of-inquiry-citing-texas-law-in-alleging-misconduct-by-travis-county-prosecutors/
- CBS Austin — “Law enforcement orgs call for change in DA’s office after allegations of hidden evidence” (March 24, 2026): https://cbsaustin.com/news/local/law-enforcement-orgs-call-for-change-in-das-office-after-allegations-of-hidden-evidence
- KXAN — “Court orders Travis County DA to record grand jury in law enforcement use of force case” (February 10, 2023): https://www.kxan.com/investigations/court-orders-travis-county-da-to-record-grand-jury-in-law-enforcement-use-of-force-cases/
- Austin Chronicle — “What’s a Grand Jury, and Is It Being Manipulated to Indict Police Officers?” (June 24, 2022): https://www.austinchronicle.com/news/2022-06-24/whats-a-grand-jury-and-is-it-being-manipulated-to-indict-police-officers/
- KVUE Defenders — “Missed deadlines: Travis County violent suspects released” (May 21, 2025): https://www.kvue.com/article/news/investigations/defenders/travis-county-distrct-attorney-indictment-deadline-jose-garza-felony-cases-austin/
- City Journal — “José Garza: Austin’s Progressive Prosecutor Who Won’t Prosecute” (September 19, 2025): https://www.city-journal.org/article/austin-texas-district-attorney-jose-garza-progressive-ideology
- Save Austin Now / Garza Watch: https://garzawatch.com
- FOX 7 Austin — “Travis County DA Jose Garza addresses criticism of being ‘soft on crime'” https://www.fox7austin.com/news/travis-county-da-jose-garza-addresses-criticism-being-soft-crime-rogue-da
Sexual assault victim services provided by SAFE Alliance in Austin are set to end June 8 because of a lack of funding.
BREAKING: SAFE Alliance just announced sexual assault survivor programs will be terminated on June 8 due to a lack in funding.
— Vinny Martorano (@VinnyMartorano) May 4, 2026
These programs needed millions of dollars in funding to continue running, but the agency said they have not received it.@cbsaustin pic.twitter.com/w082uBrKE6
SAFE Alliance CEO, Pierre Baristain, tells me the announcement to close sexual assault victim services is a "professional failure."
— Vinny Martorano (@VinnyMartorano) May 5, 2026
He says SAFE Alliance handles around 90% of forensic exams in the city. This will also shutdown Eloise House if they cannot come up with $1.5M to… pic.twitter.com/yaVG8nGHVa
Austin police released details of a collision on May 1 that involved a pick-up truck and an SUV in the 2700 block of S. Lamar Boulevard.
A suspect, 30-year-old Keegan Shirley, has been charged with Intoxication Manslaughter with a Vehicle and Intoxication Assault with a Vehicle Causing Serious Bodily Injury.
A two-year-old child was killed in the crash and two others suffered injuries.
The Williamson County Sheriff’s Office released its activity report for the month of April, 2026.
A small fire early this at the South Congress Hotel was extinguished.
The hotel is slated for closure this month in order for its renovation and relaunch under a new brand next year.
Cedar Park authorities report a motorcyclist died Sunday evening in an accident in the 2600 block of Brushy Creek Road.
Austin City Council Member Paige Ellis, who also sits on CapMetro‘s board, said a proposed multimillion-dollar office lease for the agency building Austin’s light-rail system was “not how we should be spending these dollars.” (KUT 90.5)
There are growing calls for more transparency surrounding data center development in Central Texas. Community members in Caldwell County held a town hall to discuss the topic on Sunday.
Local officials say there are at least nine data centers planned in the county. Such facilities consume excessive amounts of electricity, and water. According to the U.S. drought monitor, Caldwell County is mostly in extreme drought status.
There is no consensus about what approach to take even among business leaders, Denise Davis, the board chair for the Austin Chamber of Commerce, said at the inaugural KUT Festival on Saturday. (KUT 90.5)
Lake Pflugerville is now open for on‑water recreation, including beach access, boating and swimming, after reaching 634 feet in elevation.
A new extension to the Wishbone Bridge & Utility Underpass is coming soon.
Austin parks may receive new funding with a possible bond issue on the November ballot.
At the Texas Capitol on Monday, state lawmakers met to take a closer look at how the construction industry may be luring licensed peace officers away from local government jobs. Many local cops make more money working for TxDOT than the police department.
State officials say no strong fire weather triggers are forecast, and a progressive spring weather pattern will produce more precipitation chances for the eastern and southern portions of the state.
WEATHER
MONDAY’S HIGH / LOW TEMPERATURES
AUSTIN-BERGSTROM INTERNATIONAL AIRPORT
CAMP MABRY
5-DAY FORECAST / AUSTIN, TEXAS
As incumbent Sen. John Cornyn and Attorney General Ken Paxton head to a runoff this month for the Republican nomination in the U.S. Senate Race, recent polling shows Democrat State Rep. James Talarico leading both of his potential November opponents.
New @hobbyschooluh poll of #TXSEN Republican primary runoff:
— Patrick Svitek (@PatrickSvitek) May 5, 2026
Ken Paxton 48
John Cornyn (i) 45
Undecided 7
(April 28-May 1; 1,200 LVs; +/-2.83%)https://t.co/xSAkYBl9vt
In other Texas politics news, a Democrat had a surprising victory in Pearland and Governor Greg Abbott gets an endorsement from President Trump.
Host: In a consistently red-leaning suburb of Texas, a Democratic-backed candidate has won the mayoral race for the first time in decades. Quentin Wiltz won the race in Pearland, a city south of Houston, with just over 51% of the vote. pic.twitter.com/Qc56onX1Yr
— FactPost (@factpostnews) May 4, 2026
Thank you President Trump for your endorsement and for standing strong with Texas. You have our back and Texas will always have yours. pic.twitter.com/QcWDUMdJyh
— Greg Abbott (@GregAbbott_TX) May 4, 2026
A special runoff election will be needed in New Braunfels for its mayor’s race.
The 2028 presidential election may feel far away, but the race to define it is already underway. On this week’s Party Politics, Co-hosts Brandon Rottinghaus and Jeronimo Cortina break down how Democrats are quietly shaping their next presidential strategy—long before a single vote is cast.
At the center of the conversation is the “invisible primary,” the behind-the-scenes competition where candidates build support from donors, party elites, and voters. It’s not just about who runs—it’s about what the Democratic Party stands for moving forward.
Potential contenders are already signaling interest. Former Vice President Kamala Harris and California Governor Gavin Newsom appear to lead the early field, while figures like Pete Buttigieg, Gretchen Whitmer, and Josh Shapiro represent a second tier focused on broader voter appeal. A deeper bench of governors and national figures adds even more uncertainty to an already crowded picture.
But the bigger question isn’t just the candidates—it’s the strategy.
Democrats face a familiar challenge: how to rebuild a winning coalition. That means re-engaging core voters like African Americans, energizing younger voters, and improving outreach to Latino communities—especially in states like Texas, where turnout and margins remain critical.
Messaging will be key. The hosts argue that while Democrats have struggled to communicate clearly in recent cycles, there are signs of a shift toward more direct, policy-focused language. Economic concerns—particularly affordability—are expected to dominate, cutting across ideological lines and resonating with a wide range of voters.
Another debate is how much to focus on Donald Trump. While he remains a powerful political force, relying too heavily on opposition to him may not be enough to win in 2028. Instead, Democrats must define a forward-looking vision that connects with voters’ everyday concerns.
Ultimately, the 2026 midterms will offer the first real clues. They’ll test messages, measure turnout, and reveal whether Democrats are rebuilding momentum—or still searching for direction.
One thing is clear: the road to 2028 has already begun.
(Episode from May 4, 2026)
An alleged capital murder suspect who was out on bond is accused of cutting his ankle monitor off. Texas DPS is looking for him.
Eleven men were arrested last week following a three-day undercover operation targeting online solicitation of minors in Bell County.
Texas Monthly senior editor Aaron Parsley won a Pulitzer Prize for his account of being swept away by flood waters in Kerr County last July.
A group of Texas women is suing the state arguing they were unjustly banned from the Texas Capitol.
Dozens of South Texas families are suing SpaceX, alleging Elon Musk’s soon-to-be-public spacefaring company has damaged their homes through the multiple sonic booms and vibrations that occur every time a Starship launches from Starbase.
A Beaumont wildlife worker’s graduation photos with alligators — including one kiss — are going viral.
SPORTS
NBA PLAYOFFS: Anthony Edwards scored 18 points in his unexpected return from injury and the Minnesota Timberwolves overcame a huge game by Victor Wembanyama and held on to beat the San Antonio Spurs 104-102 in the opener of the Western Conference semifinals on Monday night. (Associated Press)
series far from over!
— San Antonio Spurs (@spurs) May 5, 2026
back at it on Wednesday pic.twitter.com/JnZ69trfvb
MLB: Kyle Tucker homered and drove in two runs against his former team to lead the Los Angeles Dodgers to a 8-3 win over the Houston Astros on Monday night. (Associated Press)
ON THE SCHEDULE
AL WEST STANDINGS
COLLEGE FOOTBALL: What are NFL executives saying about Arch Manning?
NFL: The Dallas Cowboys have begun minicamp workouts. How’s it going so far?
.@nickeatman with @1053SS and @BobbyBeltTX on what has stood out from the rookies at #DallasCowboys' minicamp so far:
— 105.3 The FAN (@1053thefan) May 4, 2026
"It's a serious-minded group. … When you just look at some of these guys, you have to ask them to smile. They're here to work…" pic.twitter.com/1HQ7OSxUca
The Daytripper heads to Montgomery.
