Attorneys representing an Austin police officer charged in connection with the city’s 2020 protests have filed a motion accusing the Travis County District Attorney’s Office of misconduct and asking a judge to dismiss the case.
The filing, submitted by lawyers for Chance Bretches, alleges prosecutors failed to disclose key evidence and held undisclosed meetings with officials from the City of Austin related to potential criminal liability following the protests.
Bretches is one of several officers indicted over the police response to demonstrations in downtown Austin following the death of George Floyd in 2020. Prosecutors say Bretches fired a beanbag round that struck a volunteer medic during the protests, resulting in a serious hand injury.
According to the motion, former Austin Assistant City Manager Bruce Mills stated he met with José Garza and members of his office at least three times in early 2023 to discuss whether the City of Austin itself could face criminal charges tied to the police response during the protests.
Mills said Garza initially indicated he intended to indict the city over the actions of the Austin Police Department during the unrest. The motion claims those discussions were never disclosed to Bretches or his attorneys, despite being potentially relevant to the officer’s defense.
Defense attorneys argue the alleged negotiations suggest prosecutors believed responsibility for any wrongdoing may have rested with city leadership or the police department itself, rather than individual officers.
Bretches’ attorneys say the district attorney’s office previously certified that all required discovery had been turned over in the case. However, the motion alleges prosecutors failed to reveal the meetings and related discussions with city officials.
The defense argues withholding that information violated Bretches’ constitutional right to due process and could have affected how the case was defended in court.
Bretches was first indicted in 2022 on two counts of aggravated assault by a public servant tied to his actions during the protests. A subsequent indictment in 2024 added additional charges, including deadly conduct and assault.
The case is currently scheduled for trial on June 1, 2026, in Travis County district court.
