Republicans and one Democrat in the Texas Senate approved the nomination of formerly indicted Austin law enforcement officer Justin Berry to a police watchdog agency, the Texas Commission on Law Enforcement (TCOLE). Berry, an active-duty Austin Police Department senior patrol officer, was indicted in 2022 for shooting less-lethal munitions at racial justice protesters two years prior. The charges against Berry were later dropped, but the incident sparked controversy and concern from Senate Democrats before the nomination vote.
Governor Greg Abbott nominated Berry to TCOLE for a second term in January 2024. The Senate confirmed Berry’s nomination with a vote of 21-10, with State Senator Juan “Chuy” Hinojosa, a Democrat from South Texas, breaking party lines to support Berry. Hinojosa, in a statement to The Texas Tribune, stated that he did not take the vote lightly and that he was not there to second guess the governor’s decision. Berry required a two-thirds majority to be confirmed, and the vote ultimately passed.
The Austin Police Association expressed their support for Berry, emphasizing his leadership in community policing efforts, building relationships, and assisting fellow officers across the state. However, Democratic State Senator Sarah Eckhardt criticized Abbott’s nomination of Berry, stating that it demonstrated a growing intolerance to dissent. She pointed out that Berry’s nomination was based on shooting into protesters and not in spite of it, highlighting the importance of the symbolism behind the nomination.
An investigation into the incident where Berry shot a demonstrator in the face with a less-lethal munition resulted in the protester receiving an $850,000 settlement from the city of Austin. Berry has also made unsuccessful attempts to run as a Republican candidate in two Texas House primary races. Police union president Michael Bullock defended Berry, stating that the investigation by the Austin Police Department and the Travis County District Attorney found no policy or law violations, and criticized the incident being used for political purposes.
State Senator Juan “Chuy” Hinojosa, who voted to confirm Berry, stated that he did not believe there was criminal behavior on Berry’s part that would warrant rejecting his nomination. However, Democratic State Senator Borris Miles, a former police officer, opposed the appointment due to ethical concerns. Berry’s second term on TCOLE is set to end in August 2027. The controversy surrounding his nomination highlights the ongoing debate around law enforcement practices, accountability, and oversight within Texas and beyond.
