Christopher Taylor deadly conduct trial: Jury finds APD officer guilty

AUSTIN, Texas - Austin Police Officer Christopher Taylor has been convicted of deadly conduct in the 2019 death of Dr. Mauris DeSilva.

A Travis County jury found Taylor guilty on Saturday Oct. 5 after three days of deliberations.

His sentencing date will be determined on Oct. 15, says the Travis County District Attorney's Office. 

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"We hope this outcome continues to help the DeSilva family with their healing process," said Travis County District Attorney José Garza in a statement. "Our office is grateful to our dedicated staff who worked tirelessly to hold the defendant accountable and seek justice for the victim and their family. We further hope this verdict allows the community to heal and that we can move forward together."

The Austin Police Department also released a statement following the guilty verdict, saying: "The Austin Police Department has learned of the Jury’s guilty verdict against Officer Christopher Taylor in the 2019 incident involving Mauris DeSilva. The Austin Police Department respects the criminal justice process and understands this is a difficult time for all who have been impacted."

What happened on July 31, 2019?

On July 31, 2019, Austin Police received several 911 calls around 5 p.m. from the Spring Condominiums in downtown Austin about a man having a mental health crisis holding a knife to his own throat. 

Neighbors reported a man banging loudly on emergency doors who sounded like he was having a mental breakdown.

One officer arrived and was told by staff that the man was a resident and had been holding a knife to his throat while walking around. The officer went inside, got on the elevator and went to the fifth floor gym.

Austin police at the time of the incident said they were told he was waving his knife at the camera, which sped up their need to respond. Four officers and a security guard got on the elevator and when they arrived at the fifth floor, the officers' body cameras caught the rest of the incident.

APD says the officers began giving the man commands and he turned around. The man is seen on body camera footage pulling the knife down towards his side and walking towards the officers. As he took a step or two toward them, two of the officers fired their guns and one fired a Taser, said former APD chief Brian Manley at the time.

EMS and first responders attempted life-saving measures on the man, who was later identified as 46-year-old Dr. Mauris DeSilva. He was transported to a local hospital by EMS and was pronounced dead just after 6 p.m.

The indictment

In August 2021, Austin police officers Christopher Taylor and Karl Krycia were indicted for first-degree murder and third-degree felony deadly conduct.

Taylor's indictment in DeSilva's death came five months after he was indicted for the 2020 murder of Mike Ramos.

Taylor's attorneys released a statement shortly after the indictment, saying the officer had used appropriate force and claiming DeSilva had "approached Officer Taylor still armed with the knife," "refused to drop the knife as instructed," and "advanced to within three or four feet of Officer Taylor before Officer Taylor had no choice but to use deadly force to protect himself."

The attorneys for DeSilva's parents at the time called the indictments "a step in the right direction".

"I can tell you that I do not believe in any way that this was a justified shooting. Dr. DeSilva was only a danger to himself. He posed no danger to the officers," said attorney Jarrod Smith to FOX 7 Austin in August 2021.

There were also allegations that the Travis County District Attorney's office did not allow a witness to testify during the grand jury presentation. Taylor's attorneys said a use-of-force expert who had advised the DA’s office that the officers’ actions were justified was not asked to testify, 

The DA's office responded with a statement saying the allegations were false and that the office "presented a thorough and balanced grand jury presentation consistent with its obligations under article 2.01 of the Code of Criminal Procedure." The statement also said that the DA's office could not disclose any further information due to grand jury secrecy laws.

Later, prosecutors decided not to pursue the murder charge against Taylor, instead choosing to move forward with the third-degree felony deadly conduct charge.

The trial

Jury selection in Taylor's deadly conduct trial began on Monday, Sept. 23. Jury selection lasted two days and the trial officially began on Wednesday, Sept. 25, with the state presenting its case.

Witnesses called to the stand described seeing DeSilva with a knife to his throat and calling 911.

The supervisor on Taylor's shift spoke about how APD had made contact with DeSilva before about mental health calls.

A moving company owner who came across DeSilva in the hallway was also called, saying DeSilva got uncomfortably close to him when he was holding the knife near the elevator.

Photographs of evidence at the scene were also shown.

On Thursday, Sept. 26, Day 2 of the trial, video footage from the incident was played, both from the condominium's surveillance camera and the officers' body cameras.

Surveillance video showed DeSilva with a knife, opening a door, and then looking into the surveillance camera.

Body camera video showed when officers first went into the building and talked to employees at the front desk. They could see DeSilva on the surveillance video. The officers then went up in the elevator.

When the elevator doors open, DeSilva is seen with his back to the elevator, facing a mirror, and holding the knife.

Body camera was played from both Ofc. Joseph Cast's and Taylor's perspectives. Taylor and Karl Krycia, another officer, shot at DeSilva. Cast, who was behind Taylor, used his Taser on DeSilva.

Cast, as well as the Travis County Deputy Medical Examiner, also testified that day.

On Friday, Sept. 27, Day 3 of the trial, another officer that responded that day, Ofc. Phillip Zuniga, testified and responded to questions from the prosecution about radio call logs and why he did not call for additional resources like a mental health officer. 

There was also a demonstration by the defense, who showed with a tape measure how far DeSilva was from the officers. Using a fake knife, the defense asked Zuniga if there was a threat five-and-a-half feet away, to which he said yes.

The defense asked Zuniga to use his words to defuse the situation and then lunged at him with the knife.

The state then did their own demonstration with Zuniga, stepping closer and closer to him and asking him to say when it would be appropriate to shoot after giving commands. Zuniga decided he would shoot at about eight feet.

Three others testified that Friday, including a Texas DPS forensic scientist on ballistics, Sgt. Christian Maynes of the APD Special Investigation Unit, and the operations manager of the Spring Condominiums.

The state then rested their case.

From there, the defense took over to present their case.

The defense called several expert witnesses on Tuesday, Oct. 1.

One of the defense's witnesses that day was Mark Sawa, a police tactics and use-of-force expert. He said several times he believes Taylor was objectively reasonable in his actions, which the state objected to, calling for a mistrial, which the judge denied. 

Part of that day was a debate between both sides on whether a piece of evidence was admissible. The defense played an audio clip of District Attorney Jose Garza in a meeting with AISD Police.

When asked by the state if hearing Garza's recording formed his opinion, Sawa said it only "bolstered" his opinion.

During the state's cross-examination of Sawa, they asked if DeSilva was a threat to others.

"It is your opinion that Mr. Desilva was not at any time imminently committing the offense of murder against Officer Krycia, Officer Taylor, or anybody else," state's attorney Rob Drummond asked.

"That wasn't what my opinion was based on, but no, he was not in the act of committing murder," Sawa said.

Both sides rested Tuesday afternoon.

Jury deliberations

Jury deliberations in the trial began on Wednesday, Oct. 2, following 45 minute closing arguments from the prosecution and defense and lasted about 10 hours before the judge allowed the jury to go home and rest.

Throughout the trial, prosecutors argued DeSilva was in a "profound" mental health crisis.

"This was not a case in which deadly force was necessary or justified. It was completely avoidable," prosecutor Dexter Gilford said. "Chris Taylor killed him as he was asking for help."

The defense argued it was reasonable for Taylor to respond the way he did. 

"[DeSilva] takes two steps in their direction while they are frantically telling him, 'show me your hands, drop it, drop the knife.' Mr. DeSilva did none of those things. He proceeded forward, knife leveled in their direction, and he got as close as three feet," defense attorney Ken Ervin said. "Det. Taylor had a reason to believe that's what Mr. DeSilva was doing, that he was attempting to commit murder."

Jury deliberations carried over to Thursday, Oct. 3.

On Thursday afternoon, the defense brought up concerns about jurors fearing for their personal safety and how it might influence their decision.

The bailiff, who those concerns were communicated to, was brought in to testify. She says she received a text Saturday morning about a juror concerned someone was following him, and asked if he should call 911.

APD did a welfare check, but the juror was asleep. He later said he may have been paranoid.

Another juror told the bailiff she was worried about her personal information being out after the case, but nothing specific prompted that concern.

The defense asked for individual jurors to be brought in and asked about their concerns, but the judge denied that request. The defense also asked if individual jurors could send notes to the judge. That request was also denied.

The defense called for a mistrial multiple times, which was denied.

The jury continued to deliberate on Friday, Oct. 4.

That day, there was a hearing about some jurors observed on their phones and laptops during deliberations by the bailiff. One juror asked how he was supposed to "close contracts" and that he was losing money.

The defense called for a mistrial, which the judge denied. She ordered the court to provide 12 copies of jury instructions to the jurors.

Christopher Taylor's previous trial

The deadly conduct trial came after two mistrials in the murder case concerning the April 2020 death of Michael Ramos. Taylor shot and killed Ramos after officers say Ramos failed to obey orders and started driving away. 

After a jury deadlocked at trial last fall, a new grand jury declined to reindict Taylor in the Ramos case this past June.

What's next?

Taylor is scheduled for a sentencing hearing on Oct. 15.

Officer Karl Krycia has yet to go on trial on his charges and, according to court records, has a pre-trial hearing scheduled for Oct. 29.