Attorneys for APD Officer Christopher Taylor say charges were previously declined
AUSTIN (KXAN)- What began as a routine pre-trial hearing Friday morning in the deadly conduct case against Austin police officer Christopher Taylor for his alleged involvement in the 2019 death of Mauris DeSilva ended with Taylor's attorneys, Doug O'Connell and Ken Ervin, revealing new information they recently obtained specifically related to the current deadly conduct charge against their client.
O'Connell informed the judge they received information earlier this week from a former Travis County Assistant District Attorney who previously worked on Taylor's case indicating the DA's Office under Margaret Moore issued a letter declining to pursue all the charges against Taylor in 2020 prior to José Garza taking office.
Among the information the defense received and provided to the judge were DA meeting notes that showed an ADA at the time was instructed to write the declination letter and included details about notifying the victims family about their decision not to pursue the charges against Taylor.
Additionally, O'Connell told the judge he spoke with Moore who told him a declination letter was absolutely produced.
In response, ADA Dexter Guilford, who was also involved with Taylor's case under Moore, told the court he had no recollection of this letter being written and stated the DA's office has been unable to find evidence the letter was ever written.
At the request of the of the defense, the judge ordered the state to conduct comprehensive email searches and speak with anyone who may have been associated with Taylor's case in 2020.
Additionally, the judge ordered the state to provide records showing what measures were taken to locate the records in the event they're unsuccessful.
"If the letter exists, it should be produced," the judge said.
KXAN spoke to O'Connell and Ervin after the hearing who explained the significance of the declination letter being that it could provide pertinent information related to their case and would show that Garza chose to pursue charges against Taylor regardless of the fact that prosecutors had already determined there were no grounds to pursue any of the charges against him.
Neither the judge or the attorneys discussed a timeframe for the state to attempt to locate these records.
Jury selection in Taylor's case is scheduled to begin this coming Monday with the expectation that the trial will begin on Wednesday.
The trial is expected to last not later than Oct. 11.