Austin police officer Christopher Taylor sentenced to 2 years for fatal on-duty shooting in 2019

Christopher Taylor, the first Austin police officer to be convicted for an on-duty shooting in the department’s modern history, has been sentenced to two years in prison.

Taylor’s attorneys are appealing Tuesday’s decision from Travis County District Court Judge Dayna Blazey.

Taylor fatally shot Mauris DeSilva at his downtown condo in 2019. DeSilva was in a mental health crisis and holding a knife. Taylor’s attorneys argued he acted within APD’s training and was defending himself. Travis County prosecutors argued he didn’t need to kill DeSilva.

After the sentencing, DeSilva’s father told Taylor his actions were “ignorant,” that his son was having a mental health episode, and that he posed no threat to him. Denzil DeSilva, who locked eyes with Taylor, said he needed to pay for breaking the law, same as anyone else.

“You have to accept that punishment,” he said. “I am not happy sending a person to … prison. But if they’ve [made] a mistake, even [if it is] my child, you have to pay for that.”

A jury deliberated for 30 hours before finding Taylor guilty of deadly conduct in October. Convictions for on-duty shootings are rare in Texas.

Taylor’s attorneys opted to let Blazey decide his sentence, rather than a jury. Under state law, judges are required to sentence people convicted of a crime involving a deadly weapon to prison. Had Taylor been sentenced by a jury, he could have been given probation.

That decision loomed over the sentencing, with Taylor’s attorney, Ken Ervin, arguing Blazey could commute his client’s sentence to probation. The judge disagreed.

In closing arguments, Ervin argued his client didn’t deviate from his training. He said witness testimony, which included two former APD chiefs, proved it was “a legally justified shooting.”

“If there is in fact a problem,” Ervin said, “it’s inherently unfair then to punish one individual when the broad consensus is [that] what he did was right.”

Defense attorneys also stressed, as they did through the trial, that Taylor’s conviction – and possible prison sentence – would have a lasting impact on APD, a department that’s struggled for years to recruit and retain officers.

Prosecutors pushed back, saying Taylor didn’t follow protocol in this case – or in the 2020 shooting of Mike Ramos. County Prosecutor Dexter Filkins argued Texas counties can – and do – prosecute wrongdoing by police officers. Filkins said Travis County’s decision to prosecute Taylor was necessary: He broke the law when he killed DeSilva.

“Harris County and Dallas County and Tarrant County … have prosecuted police officers,” he said. “This is not some kind of unique Travis County campaign.”

Taylor was released on bond, according to the Austin American-Stateman. His attorneys have already appealed the sentence.

Longtime Austin criminal defense attorney George Lobb, who was not involved with the case, said the decision to put the case before Blazey – and not a jury – was “odd” given the law. But, he added, it’s likely Gov. Greg Abbott will issue a pardon.

“I see no reason why he wouldn’t do that,” Lobb said. “There’s no political capital lost.”

Abbott drew national headlines earlier this year for his pardon of Daniel Perry, the former Army sergeant convicted of murdering a Black Lives Matter protester in 2020. The governor could issue a pardon or clemency to reduce Taylor’s sentence, but only after a recommendation from the state’s Board of Pardons and Paroles. Given that the board is comprised of members appointed by Abbott, Lobb said, a recommendation could come soon.

Taylor was also tried for murder last year in the on-duty fatal shooting of Mike Ramos. Taylor shot Ramos, who was unarmed and fleeing in a car, near a Southeast Austin apartment complex in 2020. That case ended in a mistrial.

In a statement to KUT, Austin’s Assistant City Manager Eddie Garcia said he was “disheartened by the outcome” of the case, adding that he was “mindful” of the impact the decision would have on Austin police officers.

“We are also acutely aware that policing procedures must evolve, particularly around de-escalation tactics and responding to mental health crises,” he said. “From the top leadership of the Austin Police Department to our rank-in-file officers, we are committed to making those changes and are focused on building trust in our community and creating a safe city for everyone.”