Both sides rest in APD officer’s deadly conduct

AUSTIN (KXAN) — The State and Defense rested Tuesday afternoon in the deadly conduct case against Austin police officer Christopher Taylor . They are set to present closing arguments Wednesday morning.

Taylor faces the charge in the 2019 death of Mauris DeSilva. Police shot and killed DeSilva in his downtown condo complex. They responded after 911 callers reported DeSilva walking around with a knife to his throat.

You can follow live updates throughout the day from KXAN’s Brianna Hollis on the social media platform “X” linked below.

Police confronted DeSilva on the fifth floor, a common area of the complex. Taylor and another officer, Karl Krycia, fired within about three seconds of seeing DeSilva right outside the elevator. DeSilva had turned toward officers with the knife at his side when police fired.

Prosecutors said DeSilva was undergoing a “profound” mental health episode and officers did not need to shoot him. Taylor’s attorneys said he acted in defense of himself and others.

The Defense is expected to call its first witnesses Tuesday morning. The State rested last week, and proceedings were rescheduled Monday because of a sick juror. Closing arguments, per court conversations Monday, are expected after the lunch recess.

Judge takes up matter of recording depicting DA Garza addressing use of force involving subject with knife

Before the jury entered, prosecutors and defense counsel hashed out whether the Defense could play a recording for the jury.

That recording involves District Attorney Jose Garza speaking to Austin ISD police about the legality of less lethal options and circumstances in which deadly force is applicable. He uses a hypothetical example of someone with a knife who is 30 feet away from police and ignoring commands. Garza said, in reference to that hypothetical scenario, that officers would likely be in a position where they can use deadly force.

Defense counsel claims it’s important for the jury to hear and said in court they planned to have an expert witness reference the recording in his testimony.

The State argued to not have this recording played for the jury, saying there has never been a case where an expert witness referenced a recording like this. Prosecutor Rob Drummond called the notion of playing the recording “ridiculous” and “political,” claiming the defense wants to “throw a skunk” in the jury box.

Judge Dayna Blazey allowed the audio to play during the testimony of Mark Sawa, the State’s expert witness, and allowed the audio recording to be admitted into evidence.

You can read more about who testified Tuesday on the thread posted by KXAN’s Brianna Hollis on the social media platform “X” below.

911 callers, other officers testify during State’s testimony

The State spent two and a half days calling witnesses in this case, including two of the four officers who confronted DeSilva alongside Taylor, Officers Joseph Cast and Phillip Zuniga. Cast fired a stun gun and Zuniga did not use a weapon, but was prepared to “go hands” if needed, according to testimony.

Both officers said DeSilva was a viable threat as police saw him outside the elevator.

Prosecutors dug into the details of the police response as a whole, asking why they didn’t wait longer for a mental health officer to arrive or speak with more people working at the condo about DeSilva’s behavior. DeSilva had not turned the knife on anyone before police got there, they said, and one man said he was able to get DeSilva to turn around and walk away when the man saw him with the knife.

The condo’s operations manager got emotional on the stand, saying she had hoped the 911 response would have ended differently.

Both Zuniga and Cast testified that DeSilva’s behavior posed a danger to others in the condo, not just himself, and it was crucial they confront him immediately because he was in a common area of the building.

Taylor was originally charged with murder in this case, but the District Attorney’s Office dropped the murder charge before the trial began, so Taylor only faces the deadly conduct charge. Officer Krycia, the other officer who shot Taylor, was also charged in this case. According to online court records, Krycia is still charged with murder.

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