District Attorney candidates differ on prosecuting drug crimes
AUSTIN, Texas - The two Democrats in the race for Travis County District Attorney found some common ground Monday, but they still have very different opinions about prosecuting drug cases.
The stages at the Far Out Lounge typically put musical and comedy acts under the spotlight, but the performances Wednesday night, according to Pedro Carvalho, the owner of this popular south Austin venue, will play for an important cause, a drug overdose prevention program.
"You really see it as the years go by, just you're losing friends and family and coworkers, and it's irresponsible to not do something about it at this point," said Carvalho.
Money raised from the event will got to the SIMS Foundation. The nonprofit has spent nearly 3 decades saving lives, through overdose prevention and harm reduction programs, according to board chairperson Marissa Rivera.
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"It's hard to put an exact number on folks who have struggled with this particular issue and have really reshaped the relationship to substances, but we know that the money that we receive is impacting our community, far and wide here in Austin," said Rivera.
Travis County DA Jose Garza hosted the Monday concert announcement.
"The truth is, the war on drugs has failed," said Garza.
In making that declaration, Garza indicated, in his opinion, substance abuse is a health disorder.
"We are never going to arrest and prosecute our way out of this crisis. But if we are able to access, access, increase access to information and tools that save lives like naloxone and fentanyl test strips, we can greatly reduce the risk of death in our community," said Garza.
The Wednesday benefit concert was also endorsed by Garza’s Democratic challenger, Jeremy Sylestine. As a former Travis County prosecutor, he had a strong reaction to Garza’s statement.
"So to say that you're not going to prosecute, is it? In one, I think it's ignoring the oath of the prosecutor, which is to uphold the laws of the state of Texas and the United States. And that doesn't necessarily mean that you come with the full hammer every time, but you have to be willing to use the tools that are given to you," said Sylestine.
A new hammer was created by a new state law, HB 6 which allows prosecutors to file murder charges in fatal overdose cases. The law was drafted to crackdown on those who provide drugs laced with fentanyl.
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A spokesperson for Garza said the office is part of a regional task force with Hays and Williamson counties and federal law enforcement officials with a "goal of holding fentanyl dealers accountable." He did not disclose if Garza had pursued any fentanyl related murder charges under the law.
Sylestine said there are several reasons why prosecuting addicts for drug possession can help.
"I know that Travis County has a lot of resources available to it to address these very issues. There's drug court, there's treatment options, all kinds of, nongovernmental organizations that specialize in this kind of thing. And if this is where people are finding themselves, then we have to be able to direct them to those services. And sometimes that is through a criminal prosecution," said Sylestine.
Sylestine, in supporting groups like the SIMS Foundation, said "government can't do all of the heavy lifting." He indicated the fight is a partnership, a team-up that the public can join on Wednesday night at the benefit concert.