In a revealing report, the spotlight has been placed once again on the Austin Police Department (APD) over its handling of the May 2020 protests against police brutality. An internal investigation revealed some concerning details about the department’s use of “less lethal” bean bag rounds that resulted in a slew of injuries to several people demonstrating in the city.

The continued scrutiny comes amid a wider assessment by the Justice Department into the APD’s practices and policies and a push on the part of the APD to promote transparency and accountability while still addressing crime. The KVUE Defenders published an exclusive report detailing Travis County’s request to have the DOJ further investigate the matter.

The Travis County District Attorney's Office renewed a request Thursday for the U.S. Department of Justice (DOJ) to investigate how Austin police handled the May 2020 social justice protests.

District Attorney José Garza cited the new internal Austin Police Department (APD) report, first obtained by the KVUE Defenders, which includes evidence that police leadership knew the munitions used on protestors were not functioning properly and could cause serious injury.

More than a dozen people were wounded by the munitions, which police call less-lethal bean bag rounds. In the years since the protests, the City of Austin has paid out about $20 million in lawsuit settlements. Prosecutors first brought charges against 21 police officers but announced in December that they were dropping all but four.

The report, which was completed in 2023, noted that there is evidence that the APD knew that there could be dangerous issues with the age, condition, and accuracy of the bean bag rounds. The issue has been discussed since the protests and riots that occurred during that time period.

In December 2023, Travis County dismissed charges against two APD officers over their use of bean bag rounds during the demonstrations.

The Travis County district attorney has dropped assault charges against 17 Austin police officers who used so-called "less lethal" beanbag rounds over a weekend of racial justice protests in 2020.

District Attorney José Garza pursued charges against 21 officers after several Austinites were seriously injured during protests in the wake of the murder of George Floyd and the fatal shooting of Mike Ramos by Austin police officer Christopher Taylor. Garza's office will still pursue criminal charges against four officers, it said in a joint statement with Austin Mayor Kirk Watson. Garza, Watson and interim APD Chief Robin Henderson said they are asking the Department of Justice to review APD's use of force during the protests.

Garza's office couldn't yet confirm which of the four officers are still facing charges, but the district attorney said he would work with city officials and Henderson going forward.

“We expect the Department of Justice will take our request seriously, and we look forward to working with Mayor Watson, Interim APD Chief Robin Henderson, and City Council to ensure full cooperation with the DOJ investigation," Garza said. "We will also continue to hold law enforcement who break the law accountable."

APD Sergeant Steven Willis was interviewed by investigators in September 2023 and recalled becoming sick to his stomach after seeing the impact of the rounds.

“I see people walking by holding injuries, bleeding and my first thought was, ‘Oh my god. We never changed the round,’" Willis said. "So then later, I see pictures of the rounds and the wounds that the emergency room doctors were pulling out of people, and like, it .. I just got sick.” 

Several supervisors had grown concerned about the munitions by 2019. Then an incident in 2020 heightened concerns of what investigators called an “over-penetration” — meaning that the rounds caused more damage than they should.

In August 2023, the APD ceased the use of bean bag rounds after the controversy. One of the driving factors behind this decision was the revelation that the bean bag rounds had been used on a 15-year-old unarmed girl who was not suspected of a crime.

The fallout from the protests has continued years after they concluded. Much of the focus has been on to how law enforcement agencies should balance the need to maintain public order while still respecting people’s rights. A Justice Department investigation could bring to light more details that can help the APD strike the appropriate balance.