Travis County District Attorney Jose Garza wants to see legislative changes after his office was forced to dismiss sexual assault charges earlier this month against two suspects in cases from 2020.
Garza claimed that there was a conflict between his office’s understanding of sexual assault and Texas state law. According to Garza, Texas law “creates a burden that is very difficult to meet,” reported KXAN.
“As a result, we are regrettably unable to proceed with these cases at this time,” Garza said in a statement, per KXAN. “Working on this case has highlighted for our office the very real problems that the Texas Sex Assault Statute creates when trying to bring justice to victims. We are committed to working to change that.”
Although Garza expressed belief in the victims’ stories, he decided not to pursue prosecution in two sexual assault cases, claiming that the evidence did not meet the necessary burden of proof for prosecution under state law, reported Fox 7.
In April, a resident filed a petition to remove Garza from office, alleging “official misconduct” related to his purported refusal to execute his duties, as previously reported by The Dallas Express.
In response to the petition, Garza issued a statement via X that read, “Every day, our office works to bring justice to Travis County and keep people safe. Last month, a few billionaires and MAGA Republicans and their dark money PAC failed to stop our progress at the ballot box. Now, one month later, their allies are wasting taxpayer money trying to undermine the decision of the voters of Travis County. They failed once, and they’ll fail again.”
The Dallas Express contacted the Travis County District Attorney’s Office for clarification on the changes to state law that Garza is seeking but did not receive a response by the time of publication.
Garza, a George Soros-backed official, has faced accusations similar to those leveled at Dallas County District Attorney John Creuzot, who was dubbed “let-em-go Creuzot” for his purportedly soft-on-crime policies. Creuzot has also received financial backing from an organization financed by Soros, as previously reported by The Dallas Express.
Two individuals, Benjamin Berkowitz and Andres Aiza, were initially arrested on charges of aggravated sexual assault following an alleged incident that occurred after a fraternity party near the UT Austin campus in 2020, reported KVUE.
Berkowitz and Aiza offered to escort two women home from the party, but Berkowitz allegedly became aggressive during the walk, attempting to touch and kiss one of the victims despite her protests. Upon arriving at an apartment with both women, Berkowitz allegedly assaulted one victim before she escaped and screamed for help in another room.
The affidavit noted that Aiza had initially trapped and assaulted the other victim.
Police reported that both women underwent a sexual assault forensic examination in which sperm samples were collected that were a “strong match” to the DNA of Aiza and Berkowitz. Additionally, authorities stated that surveillance cameras at the apartment building captured the men in the area, according to KVUE.
Attorney Charlie Baird, who represents one of the suspects, expressed gratitude for the decision to dismiss the charges.
“We thank Jose Garza and the Travis County District Attorney’s Office for their careful review of this case, and respecting their duty to seek justice, not convictions. The dismissal of this case represents justice. It was worth the wait,” Baird said, per KXAN.
