Travis County’s district attorney was much of the focus of a 12-hour Texas House committee hearing this week — but José Garza didn’t attend.
The Texas House Committee on Governmental Oversight hearing Wednesday centered around “prosecutorial integrity” — or a lack thereof, as some lawmakers see it. State officials have long accused so-called rogue prosecutors of failing to investigate and try cases under the letter of the law, singling out Garza specifically.
Garza ran on a progressive platform to reduce jail stays in Travis County and prosecute police for misconduct. He was invited to testify at Wednesday’s hearing after being called out by the state’s governor, lieutenant governor and House speaker.
One of his prosecutors, Stephanie Gharakhanian, served as Garza’s proxy, reading a five-page written statement to the panel. She argued the district attorney’s office is prosecuting cases when it has evidence.
“A prosecutor’s decision to reject a charge or to dismiss a case based on insufficient evidence does not mean that a prosecutor has gone ‘rogue,’” she said. “It does not mean that a prosecutor is not enforcing the law. To the contrary, it means that the prosecutor is following the law.”
State Rep. Richard Hayes, a Denton Republican and former prosecutor, dressed down Gharakhanian and the district attorney’s office for not being accountable to constituents or the committee.
“This is part of the problem of y’all hiding the weenie, so nobody knows what’s going on, and then you wonder what all this hubbub is about,” he said. “We need a little sunshine here. We need to open up the doors, put a little light on this issue. That’s what we’re trying to do, and all you’ve done today is hide.”
State Rep. Richard Peña Raymond from Laredo was perhaps the most outspoken against Garza, a fellow Democrat. He said he personally had issues with Travis County prosecutors when he received a death threat, and it wasn’t investigated.
“The public has a right to understand what the hell is going on,” Raymond said in a heated exchange with Gharakhanian.
Raymond said prosecutors in Travis County “chose not to do anything” with the case and even brandished a pistol on the dais that he said carries for self-defense as a result of the incident.
Gharakhanian, who doesn’t prosecute violent crime, spent nearly two hours addressing concerns. She pointed out that Austin’s violent crime rate has dropped since 2021 and that Garza’s office handles roughly 15,000 cases a year.
But scores of witnesses came out against the district attorney’s office, highlighting instances where prosecutors fumbled a case or when repeat offenders were released on bail.
In a statement to KUT Thursday, Garza’s office said he offered to meet with lawmakers individually and that he takes the committee’s concerns seriously.
Republican House Speaker Dustin Burrows signaled support Thursday for more state oversight of local prosecutors ahead of the legislative session next year.
“When witnesses like District Attorney José Garza fail to attend and answer questions on public safety in their county, it is evident the work of this committee is just getting started,” he said.