Former Austin police officer pleads guilty to misdemeanor

AUSTIN, Texas - A former Austin police officer will never be a police officer again after pleading guilty to a misdemeanor Tuesday morning.

Alejandro Gaitan’s trial was supposed to start next week, but instead, a deal was reached.

What we know:

In March 2021, Alejandro Gaitan was trying to help three other Austin police officers arrest a man who had an outstanding warrant.

Nearly two years later, the Travis County District Attorney's Office filed a complaint against Gaitan, claiming he used excessive force by "intentionally and knowingly causing bodily injury to Carvius Jackson, by striking him with a baton and deploying a taser against him."

"The situation in which this officer finds himself in is egregious," Retired Police, Founder of the Wounded Blue, Home - The Wounded Blue | 1 (833) 892-8255 Lt. Randy Sutton said. "Now, here we are years later, this officer is fighting for his freedom."

In March 2023, a grand jury returned a three-count indictment, charging Gaitan with felony aggravated assault by a public servant, and two misdemeanors: assault causing bodily injury and official oppression.

Alejando Gaitan

"Garza's district attorney's office has been so anti-law enforcement, has been so committed to prosecuting police officers in the city of Austin, Travis County, that he’s the latest victim to fall to Garza's anti-law enforcement anti-public safety political agenda," Lt. Sutton said.

Gaitan agreed to a plea deal Tuesday. 

"This is a sad, sad day that this officer was forced to take a plea in order to avoid prison, which there's absolutely no doubt that Garza would have pushed for," Lt. Sutton said.

He pleaded guilty to the lesser charge, waiving the other charges, in exchange for two years of deferred adjudication, an anger management course, a letter of apology to the victim, 40 hours of community service, and permanent release of his Texas Commission on Law Enforcement license.

"You cannot serve as a police officer or a law enforcement officer without that license," Lt. Sutton said.

What they're saying:

Gaitan's attorneys said he is focusing on the future. They released a statement:

"Alex Gaitan served our community as an Austin Police Officer for over seven years. While proud of his contribution, he decided the reality of continuing a law enforcement career in Austin, where police officers are routinely targeted for prosecution by DA Jose Garza, is not the best choice for him or his family. 

The agreement reached in court today did not result in a conviction or finding of guilt, and it will allow Alex to put the accusations behind him while he focuses on the future."

Travis County District Attorney José Garza released a statement on the plea:

"We are grateful to the Austin Police Department for bringing this incident to light, as this case was investigated collaboratively by APD’s Special Investigations Unit and our Civil Rights Unit. 

Ensuring accountability in law enforcement when laws are violated is essential for restoring community trust and maintaining the safety of our community."

Austin police released a statement on the plea:

"The Austin Police Department (APD) has been made aware of APD Officer Alejandro Gaitan’s guilty plea for Assault Causing Bodily Injury. This case was presented to the Travis County District Attorney’s Office in 2021 by the Austin Police Department and during that time, Officer Gaitan was placed on Restricted Duty on March 29, 2021, as is standard protocol. Due to Officer Gaitan’s guilty plea, he will have to permanently surrender his Texas Commission on Law Enforcement (TCOLE) license and will no longer be employed by the Austin Police Department.

Anytime our officers engage in misconduct, it is our duty and obligation to report it immediately, as it was in this case, said Lisa Davis, Chief of Police. This is critical for building trust with our community and ensuring accountability among our officers."