Travis County grand jury indicts Texas DPS trooper in 2023 northeast Austin shooting during pursuit
Indictment filed nearly three years after I-35 traffic stop escalated into gunfire
A Travis County special grand jury has indicted Texas Department of Public Safety (DPS) Trooper Jason Tye in connection with a July 2023 shooting that occurred after a traffic stop attempt in northeast Austin. The charge is aggravated assault by a public servant with a deadly weapon, stemming from a July 10, 2023 incident that began on Interstate 35 and ended at a North Austin car dealership.
The indictment alleges that Tye’s actions during the encounter were unlawful. Under Texas law, aggravated assault by a public servant is a felony charge that can apply when an on-duty officer is accused of committing assault under specified circumstances, including the use of a deadly weapon.
What is known about the July 10, 2023 encounter
Based on details released about the incident, the events unfolded when the trooper attempted to pull over a vehicle on I-35. Authorities said the driver did not stop and a pursuit followed. The vehicle later entered a Chevrolet dealership on North Plaza, where the driver exited and ran. During the sequence that followed, the trooper fired, striking the man—identified as Elijah Barrientos—in the arm.
As of the indictment’s announcement on February 5, 2026, Barrientos was reported to have multiple active warrants. No additional injuries related to the shooting were reported in the information released about the case.
Competing narratives: union condemnation and prosecutor’s statement
The Combined Law Enforcement Associations of Texas (CLEAT), which represents the trooper, publicly condemned the indictment and said it would support Tye’s defense. CLEAT also described Barrientos as a documented gang member and emphasized a lengthy criminal history involving more than 40 charges, including felonies.
The district attorney’s office, in a written statement included in a public announcement about the indictment, said prosecutors presented facts and evidence to the grand jury and that jurors concluded the trooper’s conduct was unlawful. The office did not provide additional case detail alongside that statement.
How the shooting fits into Austin’s short-lived APD-DPS patrol partnership
The July 10, 2023 shooting occurred during a controversial period in Austin policing, when DPS troopers were assisting the Austin Police Department (APD) amid staffing shortages. The city had restarted DPS patrols on July 2, 2023, and then suspended them again days later following a series of incidents that intensified scrutiny of the partnership.
City leaders had faced criticism over the enforcement footprint of state troopers, including concerns about disproportionate impacts in certain neighborhoods and whether deployment aligned with the program’s stated public-safety goals. The city’s decision to halt the renewed patrol effort was announced on July 13, 2023—three days after the shooting that later led to the indictment.
What happens next
The criminal case will proceed through pretrial hearings, with an eventual trial date to be set.
Tye is out of jail while the case moves forward in court.
The indictment is limited to the trooper’s conduct in the shooting; separate warrant matters involving Barrientos remain outstanding.
The indictment marks one of the most significant legal actions tied to the 2023 APD-DPS collaboration period, which ended amid disputes over tactics, accountability, and deployment priorities.