Christopher Taylor, the Austin police officer who was charged twice with murder in the span of a year, will face a lesser charge at a trial that starts Monday.
Taylor and another officer responded to a 911 call at the home of Mauris DeSilva in July 2019. The officers shot DeSilva, who police said was in a mental health crisis and holding a knife. The officers were both charged with murder.
Months after the shooting, Taylor fatally shot Mike Ramos in Southeast Austin. The incident sparked outrage in the wake of George Floyd's murder. Taylor was tried for murder in that case, but the jury couldn't come to a verdict. A grand jury declined to re-indict him for murder in that case, but he could be retried on lesser charges.
Ahead of Taylor's trial in the DeSilva case, his lawyer said the DA will pursue a deadly conduct charge, not murder. He called the change a "head-scratcher."
"I can't make any sense of it from a legal, analytical point of view," Ken Ervin said. "It doesn't make sense."
The bar to prove deadly conduct, a third-degree felony, is lower. Still, Ervin said, Taylor – who has been promoted to detective – was defending himself when he shot DeSilva.
The Travis County District Attorney's Office said it would not comment on an ongoing case.
Jarrod Smith, an attorney for DeSilva's father, said the family has been in touch with the district attorney about the reduced charge. He said the family understands the DA's office has to make "difficult decisions" in trying cases – especially when police are accused of a crime.
"It's difficult to convict police officers of anything these days, especially murder, even when it's warranted," he said. "We trust them. We leave it up to them. Mister DeSilva just wants justice."
Smith is also representing the family in a civil lawsuit that was filed in 2019.
Murder charges against on-duty police officers are rare in Texas. The Ramos shooting was one of two that have gone to trial in Texas in recent years.
The DA's office has said it plans to take the Ramos case back to court after the DeSilva trial wraps up.
Clarification: This story was updated to clarify that Taylor could be tried on lesser charges in the Ramos case.
