Travis County Prosecution of DPS Officer Raises Concerns
Travis County District Attorney Jose Garza has, once again, added to his growing list of police indictments, this time targeting a DPS officer. This comes at a time when the career criminals he aims to pursue—documented gang members with extensive felony records—continue to walk free, raising questions about the DA’s justice system.
Texas Department of Public Safety Trooper Jason Tye is accused of shooting and killing a fleeing felon. Prosecutor Garza has charged Tye with aggravated assault by a public servant, a first-degree felony that could result in a prison sentence of five to 99 years if a jury convicts him in Travis County.
The incident reportedly took place in July 2023, involving Officer Tye and a suspect named Elijah Barrientos. The story goes that Tye tried to pull over Barrientos’s vehicle, but Barrientos refused to stop. The chase ended when Barrientos crashed and attempted to flee on foot.
As he tried to climb a fence in his escape attempt, Tye shot and killed Barrientos.
Tye is currently under indictment for his actions, which have also made him a party in a civil suit.
“In this case, an independent group of Travis County community members reviewed the evidence and the law, concluding that Officer Tye’s actions were unlawful,” Garza remarked in a statement.
The United Law Enforcement Association of Texas (CLEAT) has since responded, criticizing Garza for allegedly favoring prosecutions against officers while letting dangerous felons walk free on Austin’s streets. They raised concerns over how a documented gang member and firearms felon like Barrientos managed to evade more serious consequences.
“Garza poses a continuing danger not just to the residents of Travis County but also to the law enforcement officers committed to upholding the law,” asserted CLEAT Executive Director Robert Leonard. He emphasized that the current justice system puts officers at significant risk, suggesting that Garza’s approach is part of a troubling trend.
According to reports, Barrientos has an extensive criminal background dating back to 2008, currently charged with felony drug possession among other offenses. CLEAT pointed out that he was previously released after reaching for a firearm during a police encounter and had been arrested again on a felony drug distribution charge.
In injuries sustained during the incident, Barrientos suffered a single gunshot wound to the arm, which is not life-threatening.
Adding to the controversy, in April 2023, Garza was himself charged with witness tampering and retaliation related to a criminal case involving Army Sergeant Daniel Perry, who was convicted in a self-defense shooting incident.
Defense attorneys for Perry have reached out to the Texas Board of Pardons and Paroles with new evidence they claim supports a request for clemency, pointing to issues surrounding evidence that wasn’t presented during the initial trial. Allegations that Garza tampered with witness statements have been echoed by different parties, creating further complications in the case.
Officer Tye’s indictment represents a significant flashpoint in ongoing tensions between Travis County prosecutors and the Texas law enforcement community. Critics maintain that Garza’s focus on prosecuting officers overshadows his responsibility to address repeat offenders who contribute to the rising crime rates in Austin.
As Tye faces a serious felony charge and potential decades behind bars, the documented gang member he was pursuing continues to remain free, prompting increased scrutiny of Garza’s prosecutorial tactics and whether they truly serve the interests of public safety.
