APD officer indicted in connection with November 2022 shooting
AUSTIN, Texas - A Travis County special grand jury has indicted an Austin police officer in connection with the death of a man in South Austin in November 2022.
Ofc. Daniel Sanchez has been indicted for third-degree felony deadly conduct for his role in the shooting death of Rajan Moonesinghe. Sanchez is on paid administrative duty per APD protocol.
"The District Attorney’s office takes the work of presenting all facts and evidence to a grand jury very seriously," said DA José Garza. "In this case, an independent group of members of the Travis County community heard the evidence and law and decided that Officer Sanchez's conduct was unlawful."
"We want to make sure that other families don't have to suffer the pain that our has," said Raj Moonesinghe’s mother Ruth Moonesinghe Wednesday.
Interim Police Chief Robin Henderson released a statement about the indictment Wednesday, saying:
"APD officers are trained to respond to acts of violence and prevent injuries to innocent persons. As seen in the Critical Incident Briefing materials released by APD on December 1, 2022, Officer Sanchez was confronted with a subject who fired a rifle indiscriminately in a densely populated neighborhood. Officer Sanchez responded to that threat consistent with his training. APD will continue to support Officer Sanchez as this process moves forward."
Ruth Moonesinghe and Travis County District Attorney Jose Garza slammed Henderson’s response.
"The statement reflects an alarming disregard for the rule of law for our criminal justice system and for Rajan and his family. No one is above the law," said Garza.
Moonesinghe’s family believes even higher charges are warranted.
"We call on the D.A. to present the clear video evidence to a new grand jury so that charges can be brought against Officer Sanchez that are consistent with the law and the facts," said Ruth Moonesinghe.
"I suspect that the district attorney's office tried to get higher charges with this grand jury and couldn't and that's why it ended up in deadly conduct," said Sanchez’s lawyer Brad Heilman on Wednesday night.
Through this attorney, Officer Sanchez maintains his innocence. "But I think we will take it to trial, and will see all the evidence, so that people will have a better understanding of what really happened that night. And that's what we look forward to."
"When an officer gets indicted for doing his job, it's concerning," said incoming Austin Police Association president Michael Bullock. "Officer Sanchez acted according to his training and was put in an extremely difficult position where he had to make a split second decision sure that no harm came to anyone else who's in a densely packed part of Austin."
What happened on Nov. 15, 2022?
APD says that just before 12:30 a.m. that day, Austin 911 received a call about a man with a gun across the street from 2301 South 3rd Street in the area of 2nd Street and Fletcher Street.
The caller told 911 that a white man wearing a gray robe and dark pants was pointing a rifle down the street, The caller, remaining on the line while officers responded, said the man was pointing his rifle into his home and fired.
The caller said that police had arrived and the man, later identified as Rajan David Moonesinghe, fired again. Two officers, driving separate marked police vehicles, arrived at around 12:33 a.m., three minutes after the initial call was dispatched.
As one of the officers pulled up to the home, he heard gunshots. Two other officers exited their vehicles and sought cover while Moonesinghe, who was standing on the porch, continued firing a rifle.
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The first officer to observe Moonesinghe gave him a verbal command to drop the gun. Shortly after, the officer, later identified as Ofc. Sanchez, fired his department-approved firearm at Moonesinghe. He was struck and fell to the ground, said police.
The second officer who had just exited his vehicle made contact with Ofc. Sanchez. The second officer gave verbal commands to Moonesinghe to show his hands, but the officers did not get a response.
Both officers saw the rifle on the ground near Moonesinghe.
A third officer then arrived at the scene and all three officers approached Moonesinghe who was still on the porch of the home with the rifle nearby. The officers immediately began life-saving measures, said police.
Around 12:37 a.m., ATCEMS arrived on scene and continued life-saving measures. ATCEMS transported Moonesinghe to a local hospital where he later died from his injuries.
No one else was injured and no one was found inside the home.