Texas Republicans Vote to Let Indicted Cop Join Police Watchdog Agency

Republicans and one Democrat in the Texas Senate approved the nomination of a formerly indicted Austin law enforcement officer to a police watchdog agency on Wednesday.

Why It Matters

Justin Berry, an active-duty Austin Police Department senior patrol officer, was indicted in 2022 for shooting less-lethal munitions at racial justice protesters two years prior. The charges were later dropped.

Senate Democrats could have blocked the nomination if they stayed united. Several lawmakers voiced their concerns before the vote.

What To Know

Texas Governor Greg Abbott nominated Berry to a second term on the Texas Commission on Law Enforcement (TCOLE), a regulatory agency that sets standards for law enforcement, in January 2024.

Berry was confirmed 21-10. State Senator Juan "Chuy" Hinojosa, a Democrat from McAllen in South Texas, broke with his party to approve Berry's nomination. Berry needed a two-thirds majority to be confirmed.

Hinojosa told The Texas Tribune that he "didn't take the vote lightly."

"It's not an easy one, but at the same time, I'm not here to second guess the governor," Hinojosa said.

Austin Police Association President Michael Bullock told the Austin American-Statesman that the police union "wholeheartedly supports Officer Berry's nomination to TCOLE."

"He has led community policing efforts, built relationships, and helped his fellow officers all across the state in times of need," Bullock said.

On the Senate floor before the vote, Democratic State Senator Sarah Eckhardt said Abbott's decision to nominate Berry is "evidence of a growing intolerance to dissent."

"The symbolism of Officer Berry's nomination is unmistakable. Of the more than 8,000 peace officers in Texas, the governor chooses Officer Berry not in spite of the fact that he shot into protesters, but because he shot protesters," Eckhardt said.

An investigation into Berry determined that he or one other officer shot a demonstrator in the face with a less-lethal munition, fracturing her jaw. The protester won $850,000 in a settlement with the city of Austin.

Berry has also unsuccessfully run as a Republican candidate in two Texas House primary races.

What People Are Saying

State Senator Juan "Chuy" Hinojosa told The Texas Tribune: "I didn't feel there was any criminal behavior that would rise to the level of rejecting his nomination."

Democratic State Senator and former police officer Borris Miles, on the Senate floor: "I cannot, in good conscience, support the appointment of Justin Berry to the commission...whose motto is 'ethical law enforcement' when he has been shown to be unethical."

Austin Police Association President Michael Bullock told the Austin American-Statesman: "The fact that an incident investigated by the Austin Police Department and the Travis County District Attorney, where both said no policy or law was violated, is now being used against him for political purposes is alarming and disappointing."

What Happens Next

Berry's second term is set to end in August 2027.

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