CLEAT Legal Team Defends Austin Officer Facing Wrongful Indictment

AUSTIN, Texas—On Monday, November 3rd, jury selection in the deadly conduct trial of CLEAT member and Austin Police Officer Daniel Sanchez will begin. The CLEAT legal team, led by attorney Brad Heilman, has been preparing to defend Officer Sanchez. On November 15, 2022, around midnight, Officer Sanchez responded to a 911 call from an Austin resident stating that an unknown male subject was pointing an assault rifle down the street of a residential neighborhood in East Austin. Officer Sanchez arrived on scene as additional shots were being fired indiscriminately by the suspect and was immediately faced with a deadly threat. 

Over a year later, Officer Sanchez was indicted on a third-degree felony, deadly conduct charge. “The indictment follows a disturbing trend in large urban counties involving rogue district attorneys who have won their elections by campaigning on anti-police platforms and then make good on their campaign promises by securing indictments against police officers for doing the job they were trained to do,” said CLEAT Executive Director, Robert Leonard.

In Travis County alone, over 25 officers have been indicted, with nearly all charges eventually being dropped. Bexar County has experienced similar issues with an overzealous district attorney persecuting officers, often by twisting or misapplying the law, for lawful actions the officers took in the course and scope of their duties as law enforcement officers.

The recent actions taken by these district attorneys made this issue a top priority for CLEAT during the 89th legislative session. The abuse of the deadly conduct statute by rogue district attorneys has resulted in forced resignations, lengthy trials, unjust convictions, and overall political persecution. The spirit of the deadly conduct statute had never been in dispute. NEVER has a police officer been charged with deadly conduct for doing their job in the State of Texas prior to the rogue district attorney problem our members are now facing. That’s why CLEAT worked with legislators to author and sponsor a bill that further clarified the deadly conduct statute and its applicability to officers acting in the course and scope of their duties. SB 1637 did just that and was signed by Governor Abbott this year.

However, Officer Sanchez will be tried under the previous statute as the new law is not retroactive. It is important to note that the Austin Police Department cleared Sanchez of any wrongdoing in this case and that they continue to support him, stating that he responded to the threat consistent with his training. CLEAT agrees and has supported Officer Sanchez every step of the way. We feel confident his name will be cleared, and he will be able to continue his career with the Austin Police Department soon.

About CLEAT: Combined Law Enforcement Associations of Texas (CLEAT) is the largest law enforcement union in Texas, dedicated to providing legal protection, legislative advocacy, and professional support for law enforcement professionals statewide and consisting of over 28,000 members. With a commitment to protecting the rights of officers and ensuring they have the resources needed to serve their communities effectively, CLEAT stands at the forefront of law enforcement representation. For more information, visit www.cleat.org.

###

View as PDF