A new bill in Texas is raising alarm among civil rights advocates and legal experts, as it seeks to exempt police officers from being charged with deadly conduct for actions taken in the line of duty. House Bill 2436, which is set for a vote in the Texas House, would provide broader protections to law enforcement officers, shielding them from legal consequences in cases where deadly force is used. The bill follows the controversial case of Austin police officer Christopher Taylor, who was sentenced to two years in prison after fatally shooting Mauris DeSilva, an unarmed man in a mental health crisis.
The Taylor Case: Deadly Conduct and Police Accountability
In 2019, Austin police officers responded to a 911 call reporting a man in a mental health crisis who was holding a knife in a downtown high-rise. Officer Christopher Taylor shot and killed DeSilva, who was only a threat to himself, according to prosecutors. Taylor was convicted of deadly conduct—a charge that only a few officers have faced in recent history. The conviction stemmed from the officer’s reckless decision to use deadly force when DeSilva was not posing a danger to others.
Supporters of the bill, including Rep. Cole Hefner, argue that the law was never meant to apply to police officers who are simply doing their jobs. They assert that the charge has been used unfairly against officers who are following their training in situations where they may have limited options. Hefner emphasized the need to protect officers from “politically motivated” prosecutors.
Concerns Over Removing Accountability
Critics of HB 2436, however, argue that the bill removes a crucial mechanism for holding law enforcement accountable for their actions, particularly in cases where excessive force is used. Critics fear that exempting police from deadly conduct charges will embolden officers to act recklessly without consequence. “Allowing police to shoot at people without justification will make our community and our law enforcement officers less safe,” said Travis County District Attorney José Garza.
Yasmine Smith, vice president of justice and advocacy for the Austin Area Urban League, voiced similar concerns. “We must hold bad actors accountable,” she said. “Bad actors and mistakes do happen in every profession, and our police force is no exception.”
The Broader Impact: More Severe Charges for Officers?
The bill has also raised concerns about unintended consequences. Some prosecutors worry that removing the deadly conduct charge could push them to pursue more severe charges, such as murder or aggravated assault, which carry much harsher penalties. While deadly conduct charges carry penalties of two to ten years, a murder conviction can result in sentences ranging from five to 99 years.
Dallas County District Attorney John Creuzot pointed out that police officers who are charged with murder might lose the benefit of the lesser charge of deadly conduct. “If a police officer gets charged with murder now because he or she is a police officer, they don’t get the benefit of that very lesser offense because of this statute,” Creuzot said.
Police Brutality and the Need for Reform
This bill comes at a time when police violence and accountability are under intense scrutiny. The case of Mauris DeSilva and the subsequent conviction of Officer Taylor underscore the ongoing issues surrounding police use of force, particularly when dealing with individuals in mental health crises. Advocates for reform argue that this bill would set a dangerous precedent by further protecting police from accountability.
Contact Police Brutality Center for Legal Assistance
If you or someone you know has been affected by police use-of-force incidents, especially those involving unjustified deadly conduct, you may be entitled to compensation. Police Brutality Center connects individuals with experienced civil rights lawyers who specialize in police misconduct cases. Our partners at Meirowitz & Wasserberg are dedicated to fighting for justice on behalf of those harmed by law enforcement.
Contact Police Brutality Center today for a confidential consultation and learn how we can help you seek justice.
