An Austin police officer indicted on charges of excessive use of force during protests following the murder of George Floyd in 2020 will be one of two Republicans contesting a primary runoff election for a seat in the Texas House of Representatives.
Justin Berry, a 14-year veteran of the Austin force, will go head-to-head with former Austin City Council Member Ellen Troxclair on May 24 for the right to face Democrat Pam Baggett in November.
Berry is accused of shooting protester Christen Warkoczewski with beanbag rounds during demonstrations in the aftermath of Floyd’s death at the hands of Minneapolis Police Officer Derek Chauvin. He is one of 19 officers indicted by Travis County District Attorney José Garza last month.
Each officer has been charged with two counts of aggravated assault, a first-degree felony in Texas when committed by law enforcement. The charges are punishable by at least five years in prison or a $10,000 fine.
Austin police officer Justin Berry made the runoff primary election for the GOP nomination for a seat in the Texas House. @realJustinBerry/Twitter
Berry was indicted and accused of using excessive force by shooting a protester with beanbag rounds during the George Floyd protests. @realJustinBerry/Twitter“It was very likely that he [Berry] was going to find a sympathetic audience and something like an indictment, which would normally be seen as a negative, probably helped him,” James Henson of the University of Texas’ Texas Politics Project told The Post.
Berry has claimed his indictment by Garza was politically motivated.
(“District Attorney) Garza is now using his office to try to influence my election,” he claimed in a statement at the time the charges were unsealed. “The timing is not just suspect, it is obvious. The riot was two years ago, and he times his indictments of officers two weeks before the primary election.”
In Tuesday’s primary, Troxclair received 38.3 percent of the vote, while Berry came in second with 35.4 percent. A runoff is required since neither candidate received 50 percent of the vote.
Looking ahead to the runoff, Henson predicted Berry’s indictment would be a bigger issue for Troxclair than for the officer.
“She’s going to have a hard talking about this at all,” he said. “She’ll risk coming off as anti-police or pro-Black Lives Matters.”
Austin police officer Justin Berry is charged with two counts of aggravated assault. Justin Berry for Texas House/Facebook
The indictment may be a political liability for Justin Berry’s opponent Ellen Troxclair who risks coming across as anti-police. @EllenTroxclair/Twitter
Berry claims his indictment is politically motivated. Fox NewsBerry and Troxclair are running to represent Texas House District 19, a rural area of central Texas located just west of Austin.
Baggett, the Democrat who will face either Berry or Troxclair in November, told The Post that she disagrees with the decision by Garza to indict Berry and his comrades.
“I believe the DA made an error in indicting officers for doing what they were told to do,” she said. “I’m not going to bring (the indictment) up, but others may. There will be pro-cop people who will vote for him and just as many anti-cop people who vote against him because of the indictment.”
Neither Berry nor Troxclair responded to The Post’s requests for comment.
