Defense attorneys seek dismissal of remaining Austin officer case tied to May 2020 protest shootings
What the motion targets
Defense attorneys for an Austin police officer charged in connection with the May 2020 racial justice protests are asking a court to dismiss the case, extending a years-long legal fight rooted in the police response to demonstrations after the deaths of George Floyd in Minneapolis and Michael Ramos in Austin.
The case is part of a broader set of criminal investigations and civil claims arising from the weekend of May 30–31, 2020, when Austin police fired “less-lethal” beanbag rounds from 12-gauge shotguns and several people suffered catastrophic injuries, including head trauma.
How the 2020 protest cases evolved
In February 2022, a Travis County grand jury indicted 19 Austin police officers on aggravated assault charges tied to protest injuries, and city officials approved a $10 million settlement involving two people hurt during the demonstrations. The indictments and lawsuits centered on allegations that beanbag rounds were used in ways that struck protesters in the head and face—outcomes widely discouraged in less-lethal force policies.
One of the most closely watched early cases involved Detective Nicholas Gebhart, accused of shooting then-16-year-old Brad Levi Ayala in the head on May 30, 2020. Prosecutors later dismissed that criminal case in February 2023 after Ayala indicated he no longer wanted the prosecution to continue.
Most indictments were dropped; a smaller set continued
On Dec. 4, 2023, Travis County District Attorney José Garza’s office dismissed charges against 17 of the officers indicted for the protest response, while announcing it would continue prosecuting a limited number of remaining cases. At the same time, the city and the district attorney’s office sought a federal review of the police response during the 2020 protests.
Financial fallout and public accountability questions
The criminal cases have unfolded alongside major civil payouts. By May 2025, the City of Austin had paid about $27 million in settlements to people injured by police during the 2020 demonstrations. High-dollar settlements included $8 million for Justin Howell and $2.95 million for Brad Ayala, both of whom suffered severe head injuries after being struck by beanbag rounds.
What happens next
The dismissal request places the remaining criminal case on a procedural track that can narrow the dispute before trial—potentially ending the prosecution, forcing revisions to the charging document, or clearing the way for a jury trial.
If the judge grants the motion, the case could be dismissed outright unless prosecutors refile under a legally sufficient theory.
If the motion is denied, the case proceeds toward pretrial hearings and trial settings, where evidence standards and use-of-force context will be tested in court.
The court’s ruling will determine whether the last remaining protest-era prosecutions continue to trial or end through dismissal.
The outcome will shape how Austin’s justice system closes one of the city’s most consequential accountability efforts stemming from the 2020 protests.