Will convicted Austin police officer Christopher Taylor go to prison?

Under state law, people convicted of a felony using a deadly weapon are ineligible for probation if they let a judge decide the sentence rather than a jury. Taylor asked the judge to sentence him.

Sentencing in the trial of Austin police officer Christopher Taylor will continue on Monday. Found guilty of deadly conduct last month in the fatal shooting of a man with a history of mental illness. A third-degree crime is punishable by two to 10 years in prison and a fine of up to $10,000.

Even before Taylor went to trial, his attorneys, Doug O’Connell and Ken Ervin, asked state District Judge Dayna Blazey to consider probation instead of prison time if their client was found guilty.

But several top Texas defense attorneys not involved in the case told the American-Statesman that prison time was the only clear option.

This is because in Texas, people convicted of felonies involving deadly weapons are not eligible for probation; but only if the judge determines the sentence rather than the jury. Another pretrial request from Taylor’s lawyers: Blazey will take the punishment if their client is found guilty.

“Assuming (the judge) followed the law, then the sentence should be prison time,” said Kristin Brown, a Dallas-based criminal defense and appellate attorney who was not previously familiar with the case and reviewed relevant records at the Statesman’s request.

“I don’t see a legal way out,” said Austin-based defense attorney Angelica Cogliano, adding that she hopes there is one “because I’m anti-prison, no matter who you are.”

It’s unclear why Taylor’s lawyers want Blazey to impose the sentence rather than a jury. Neither O’Connell nor Ervin responded to the American-Statesman’s interview requests.

The state law at the heart of the issue was introduced last year. another controversial Central Texas The case in which a jury in Caldwell County found him guilty of second-degree manslaughter in a fatal shooting but sentenced him only to probation.

Brown, the Dallas attorney, said the only way he could see Taylor receive probation is if his attorneys file a successful motion for a new trial. That’s a possibility, he said, because Taylor could claim he had “ineffective counsel” if his attorneys were misleading or unclear about the consequences of asking the judge to impose the sentence.

George Lobb, another Austin-area defense attorney, said the decision to sentence him to prison or probation will ultimately be “political.”

“The judge has no choice” about sentencing Taylor to prison, Lobb said. “So what can stop a judge? So he wouldn’t lose re-election. … So there’s a political decision behind that whether or not you want to follow (state laws) and logic and common sense.”

Blazey, a “Democrat for life” and the former Travis County prosecutor was re-elected this month in an uncontested race.

If Blazey chooses probation, the Travis County district attorney’s office could appeal the decision and would almost certainly win, Brown said.

The office has not yet said what sentence it will ask Blazey to impose on Taylor, but district attorneys likely will do so during closing arguments. They spent two days last month presenting the state’s case, detailing much of the evidence presented during Taylor’s trial.

During the two-day trial, prosecutors were able to point to other use-of-force incidents involving Taylor, namely the fatal 2020 shooting of Michael Ramos in Austin that sparked social justice protests. Taylor had faced murder charges in Ramos’ killing, but the case ended in a mistrial last year after the jury declared the case deadlocked.

The defense team will make its case on Monday and Tuesday. Both sides are likely to make closing arguments after the defense is over.

It’s unclear when Blazey will punish Taylor.

Another question about Taylor’s fate is whether he will receive a pardon from Gov. Greg Abbott if he is sentenced to prison. One of Taylor’s attorneys represented former Army sergeant Daniel Perry. The person Abbott pardoned earlier this year After being found guilty of killing a Black Lives Matter protester.

Abbott’s office did not respond to the American statesman’s question about whether he would pardon Taylor if he was sentenced to prison.

In addition to the punishment he faces, Taylor is also likely to lose his peace officer license. Under state law, peace officers convicted of a felony will have their licenses “immediately revoked.”

State records obtained by the American Statesman from the Texas Law Enforcement Commission show Taylor’s license is still active. As of last month, the Police Department said Taylor had been on desk duty since his conviction.

Taylor is believed to be the first police officer in Travis County to be criminally convicted in connection with a use-of-force incident.

Staff writer Bianca Moreno-Paz contributed to this report.

Under state law, people convicted of a felony using a deadly weapon are ineligible for probation if they let a judge decide the sentence rather than a jury. Taylor asked the judge to sentence him.

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