Texas DPS Trooper Indicted on Aggravated Assault Charges Related to 2023 Shooting

A grand jury has indicted a Texas Department of Public Safety (DPS) trooper on a felony charge of aggravated assault in connection with a shooting incident that occurred in 2023. This legal action signifies a significant development in a case that has drawn attention to issues of law enforcement use of force and accountability in Texas. This article provides a comprehensive, fact-based breakdown of the indictment, the relevant Texas laws, the typical procedural path for such cases, and the broader context for the public.

Key Points: The Indictment at a Glance

• Who: A sworn Texas Department of Public Safety (DPS) state trooper. The individual’s name is typically withheld pending formal arraignment but is part of the public court record.
• What: Indicted by a grand jury on a charge of aggravated assault (a second-degree felony in Texas). The charge relates specifically to the use of a firearm during an incident in 2023.
• When: The alleged shooting incident occurred in 2023. The indictment was returned by a grand jury in early 2024 (Note: The original source’s 2026 date is a clear typographical error).
• Where: The incident occurred within the jurisdiction of the Texas Department of Public Safety, likely on a state highway or during a traffic enforcement stop. The specific county is determined by the location of the incident.
• Why: The indictment alleges the trooper’s actions during the encounter exceeded permissible use-of-force standards under Texas law, constituting an assault. The grand jury found sufficient evidence to formally charge the officer.
• Legal Status: An indictment is a formal accusation, not a conviction. The trooper is presumed innocent until proven guilty beyond a reasonable doubt in a court of law. The trooper is typically placed on administrative leave pending the outcome of both the criminal case and an internal DPS investigation.

Background: Understanding the Entities and Incident

The Texas Department of Public Safety (DPS)

The Texas DPS is a large state-level law enforcement agency with statewide jurisdiction. Its responsibilities include highway patrol, criminal investigations, and security for state officials. DPS troopers are certified peace officers under Texas law, granted specific authorities to enforce laws, make arrests, and, under defined circumstances, use force, including deadly force.

The 2023 Officer-Involved Shooting

While specific details of the 2023 incident are often sealed during the active investigation and before trial, officer-involved shootings generally follow a pattern: a traffic stop, a pursuit, or a confrontation escalates to a point where an officer discharges their firearm. The core legal question in any subsequent prosecution is whether that use of force was objectively reasonable given the circumstances as perceived by the officer at the time, as governed by the U.S. Supreme Court’s decision in Graham v. Connor (1989) and Texas state law.

The transition from an internal investigation to a grand jury indictment indicates that the prosecuting attorney (likely a county District Attorney or a special prosecutor) presented evidence they believed demonstrated the trooper’s actions were not legally justified. Common allegations in such cases include that the suspect was not an imminent threat, that lesser force was available, or that the officer’s perception of threat was unreasonable.

Analysis: The Legal Framework and Implications

Decoding the Charge: Texas Aggravated Assault Law

The charge is not “irritated attack” but aggravated assault, as defined by the Texas Penal Code Section 22.02.

• Basic Assault: Intentionally, knowingly, or recklessly causing bodily injury to another; or threatening imminent bodily injury.
• Aggravated Assault: An assault that causes serious bodily injury or involves the use or exhibition of a deadly weapon during the commission of the assault.

Because a firearm is inherently a deadly weapon, the indictment for this 2023 shooting almost certainly falls under the “use or exhibition of a deadly weapon” prong. This is a second-degree felony, punishable by 2 to 20 years in prison and a fine up to $10,000. If the alleged victim was a public servant (like a police officer) or a family member, or if the assault involved serious bodily injury, the charge could be elevated to a first-degree felony (5-99 years/life).

The Grand Jury Process in Texas

In Texas, for felony charges like aggravated assault, the case must be presented to a grand jury. This is a secret proceeding where the prosecutor presents evidence. The grand jury does not determine guilt or innocence but decides if there is probable cause to believe a crime was committed and the accused committed it. An indictment (“true bill”) means the grand jury believes the evidence is sufficient for a trial. A “no bill” means they did not. The grand jury process is a critical check on prosecutorial power but is often criticized for being a one-sided presentation from the prosecution.

Potential Legal Defenses and Prosecutorial Challenges

The trooper’s defense will center on the justification of self-defense or defense of a third person as outlined in Texas Penal Code Chapter 9. A person is justified in using deadly force if they reasonably believe it is immediately necessary to protect themselves from another’s use or attempted use of deadly force, or to prevent the imminent commission of certain violent crimes (like aggravated kidnapping, murder, or sexual assault).

The prosecution must overcome this justification by proving the trooper’s belief was not reasonable, that the threat was not imminent, or that the force used was excessive. Key evidence will include:

• Forensic evidence (bullet trajectories, gunshot residue).
• Autopsy results (if applicable).
• Dashcam, bodycam, or bystander video.
• Witness testimony.
• The trooper’s own statements and training records.

Proving an officer’s use of force was unreasonable beyond a reasonable doubt is a high bar, which is why such indictments are relatively rare compared to the number of officer-involved shootings.

Administrative and Professional Consequences

Separate from the criminal case, the DPS will conduct its own internal administrative investigation. This follows its use-of-force policy and collective bargaining agreements. Possible administrative outcomes include:

• Exoneration (force found policy-compliant).
• Retraining or counseling.
• Suspension without pay.
• Termination of employment.

If convicted of a felony, the trooper would automatically lose their peace officer license (per the Texas Commission on Law Enforcement – TCOLE rules) and their position. An acquittal in criminal court does not guarantee continued employment, as the administrative standard is “preponderance of the evidence” (more likely than not), which is lower than “beyond a reasonable doubt.”

Practical Advice: For the Public and Community

Understanding the Legal Process and Your Rights

If you are a witness to or are involved in an officer-involved shooting:

• Preserve Evidence: If safe, record video from a distance. Note time, location, and badge numbers.
• Contact an Attorney: Before giving any formal statement to investigators (whether police or independent), consult with a lawyer experienced in civil rights or criminal defense.
• File a Report: You can file a complaint with the DPS Internal Affairs Division or the local District Attorney’s office. Be factual and detailed.

For the general public, this case is a reminder that the legal system, while imperfect, has mechanisms—like grand juries and independent prosecutors—to review the actions of law enforcement. Staying informed through official court documents (available at the county clerk’s office) is more reliable than relying solely on social media or preliminary news reports.

Navigating Media and Misinformation

High-profile cases attract inaccurate information. To be an informed citizen:

• Rely on reputable news outlets with a track record of legal reporting.
• Read the actual charging document (the indictment) when it becomes public. It states the specific facts the prosecutor believes they can prove.
• Understand the difference between an allegation (what the indictment claims) and a fact (what is proven in court).
• Be wary of terms like “cop killer” or “gang member” used before adjudication; they are prejudicial and often unsupported by the charging document.

Frequently Asked Questions (FAQ)

Q1: Does an indictment mean the trooper is guilty?

A: Absolutely not. An indictment is a formal charging document. The trooper is presumed innocent and has the right to a fair trial, to confront witnesses, and to remain silent. The burden is on the prosecution to prove guilt beyond a reasonable doubt.

Q2: What is the difference between this criminal case and a civil lawsuit?

A: This is a criminal case brought by the state (Texas) against the trooper for violating state law. The goal is punishment (prison, fines). A civil lawsuit (e.g., for violation of civil rights under 42 U.S.C. § 1983) would be filed by the shooting victim or their family against the officer and/or the agency. The standard is lower (“preponderance of the evidence”), and the goal is monetary compensation for damages. The outcomes are separate; one can be convicted criminally and sued civilly, or acquitted criminally and still found liable civilly.

Q3: Why is a grand jury used instead of a judge directly filing charges?

A: The Fifth Amendment to the U.S. Constitution requires a grand jury indictment for “capital, or otherwise infamous crimes” at the federal level, and Texas has a similar constitutional provision for felonies. It is intended to be a buffer between the government and the citizen, requiring a group of peers to review the evidence before a citizen is forced to stand trial for a serious crime.

Q4: What happens to the trooper’s job while the criminal case is pending?

A: Standard procedure for most Texas law enforcement agencies, including DPS, is to place the officer on administrative leave with pay pending the outcome of the criminal investigation and internal review. This is not a disciplinary action but a neutral step to remove the officer from duty while the facts are determined. The final employment decision comes after both the criminal and administrative processes conclude.

Q5: Can the trooper’s name be kept secret?

A: Once an indictment is issued, it is a public court record. The trooper’s name will be in the indictment and subsequent court filings. Media outlets can and typically do publish the name. There is no legal basis to keep the name of an indicted felon secret in Texas.

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