Austin police officer pleads guilty to assault under deal struck in use-of-force case
A state district judge on Tuesday approved a plea deal in the case of Austin police officer Alejandro Gaitan, who had faced multiple assault charges for excessive use of force during the 2021 arrest of Carvius Jackson.
Under the deal, which comes a week before Gaitan was set to go to trial, he pled guilty to one misdemeanor assault charge. In exchange, he will be required to permanently give up his law enforcement license, serve two years of probation, write an apology letter to Jackson and complete an anger management course, as well as serve 40 hours of community service.
"Ensuring accountability in law enforcement when laws are violated is essential for restoring community trust and maintaining the safety of our community," Travis County District Attorney José Garza said in a news release announcing the deal.
Garza also said his office was grateful to the Austin Police Department "for bringing this incident to light, as this case was investigated collaboratively by APD's Special Investigations Unit and our Civil Rights Unit."
The Police Department later Tuesday said that Gaitan "will no longer be employed by the Austin Police Department" as a result of the plea deal.
"Anytime our officers engage in misconduct, it is our duty and obligation to report it immediately, as it was in this case," said APD Chief Lisa Davis sad in a statement. "This is critical for building trust with our community and ensuring accountability among our officers."
Police accountability has been a key focus for Garza, who was re-elected to a second term last November in a landslide. The Democrat later told the American-Statesman he would continue to pursue charges against Austin-area police officers for homicide, deadly conduct and excessive use-of-force but also that he hoped there wouldn't be as many of those incidents under Davis' leadership.
Jackson, the victim in the Gaitan case, had an outstanding warrant for a domestic violence incident in 2021 when he refused to be handcuffed by two other police officers inside a Southeast Austin apartment complex. When Gaitan arrived, he attempted to arrest Jackson by repeatedly hitting him with a baton and then using a taser. As a result of the violent arrest, Jackson sustained multiple injuries, including "linear-shaped swollen contusions" along his back, according to a disciplinary memo.
A Travis County grand jury indicted Gaitan in 2023 on charges of felony aggravated assault by a public servant, misdemeanor official oppression and misdemeanor assault causing bodily injury. He pled guilty to the latter charge as part of Tuesday's plea deal.
Gaitan's defense attorneys, Doug O'Connell and Ken Ervin, said the plea deal would allow Gaitan to "put the accusations behind him while he focuses on the future."
The duo have represented numerous cops accused of use-of-force incidents, including Christopher Taylor, who late last year was sentenced to two years in prison for the death of Mauris DeSilva, and is believed to be the first police officer in Travis County to have been found guilty of committing an on-duty crime.
"Alex Gaitan served our community as an Austin Police Officer for over seven years," O'Connell and Ervin said in the statement. "While proud of his contribution, he decided the reality of continuing a law enforcement career in Austin, where police officers are routinely targeted for prosecution by DA Jose Garza, is not the best choice for him or his family."
This article originally appeared on Austin American-Statesman: Austin police officer pleads guilty to assault in pre-trial deal
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