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Grand jury declines to indict Austin police officer accused of striking suspect
This story has been updated since it was originally published with details provided by prosecutor Laurie Drymalla.
A Travis County grand jury has declined to indict an Austin police officer who struck a female suspect after that woman spit in her face, according to court records and a prosecutor.
The officer, Michelle Gish, 47, remains employed as an officer by the Austin Police Department, according to a spokesman.
Assistant Travis County District Attorney Laurie Drymalla said that the incident occurred Aug. 31 on Rexford Drive, which is off Manor Road in East Austin.
Gish had responded as backup in the arrest of a suspect who was being charged with several crimes, including evading arrest and leaving the scene of a collision, Drymalla said.
The female suspect, who Drymalla did not identify, was intoxicated, had been injured and “had been acting erratically,” Drymalla said.
Paramedics had been called to take the woman to the hospital and Gish had been helping them get the woman on a gurney, Drymalla said.
While Gish was strapping the woman down the suspect spit in the officer’s face, Drymalla said.
“Gish responded with a strike … with her hand to the head of the suspect,” Drymalla said.
Drymalla declined to be more specific about the nature of the strike.
The grand jury heard testimony from Gish and a detective who investigated the case, Drymalla said. The suspect who Gish struck did not testify, Drymalla said.
“The suspect was in such a state that she didn’t even remember what happened,” Drymalla said.
The grand jury investigated whether Gish committed official oppression, a Class A misdemeanor. On Monday the panel issued a “no bill,” indicating it did not find probable cause that a crime was committed.
Gish has been working as a police officer since October 2007 and earns a salary of $64,869, according to an online database created by the Texas Tribune.
A police spokesman said today that he did not know whether Gish has ever been disciplined and advised a reporter to file a request for that information under the Texas Public Information Act. A request under the act was not immediately answered.
Official oppression is a Class A misdemeanor punishable by up to a year in jail. According to the Texas penal code, it occurs when a public servant acting under color of her employment commits one of the following acts:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful;
(3) intentionally subjects another to sexual harassment.
It is unclear under which portion of that offense Gish was investigated.
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By My Experience
February 5, 2012 6:22 AM | Link to this
When officers go on-scene they are there to help people; not to unnecessarily inconvenience anyone. 90% of the time officers are called to a suspicious person, car, or disturbance by the public; they just don’t stop people without cause. When they arrive, they have a duty to investigate in an unbiased, fair manner, and when they have the facts, officers have a duty to take enforcement action and to protect victims as needed. This is clearly established in state law under the penal code, transportation code, and code of criminal procedure.
By El Viajero
January 25, 2012 8:02 PM | Link to this
The Ranger didn’t spit on the cops. That’s a lie the cops are telling to cover up their abusive behaviour
The grand jury no bills cops because Rosemary Lehmburg’s prosecutors protect them. The grand juries don’t see the truth.
If the cops all stayed home, the city would work just fine. We have far too many cops out preying on the citizens. When there’s a wreck blocking the road, they may be somewhat useful, but besides that, they’re just a nuisance.
Anonomys, Mike, and Rich have bought into the propaganda. It’s not the job of the cops to protect you. Their job is to enforce laws, it’s your job to protect yourself. Most of the laws they enforce are designed for nothing more than to collect revenue.
Jon Rowland, you are correct sir. My hats off to you.
Retired LEO - If cops would act like humans, they would be treated as such. Maybe you should lobby the legislature to start repealing tyrannical laws, instead of endlessly creating more. That might earn you more respect.
Texas Watches - you know what Acevedo’s hiding…………the truth.
By Anonymous
January 25, 2012 7:08 PM | Link to this
Spitting on a person is an assault. Officer Gish had every right to defend herself from this assault, and I am glad she did. It is unfortunate that this case was even presented to the grand jury. A no-bill was clearly the right decision. This was obviously a thoughtful, civic jury. Officer Gish, thank you for your continued service, I’m grateful your out there protecting us!
By jaycee
January 25, 2012 7:03 PM | Link to this
Its obvious that all of the Police Officers of Austin need to take a day off. In fact they should all just stay at home until the public as a whole asks / begs them to come back and then allows them to work unrestrained so they can clean this city up. Austin was once a great city, now its as bad as Houston and San Antonio with all of the gangs and terds floating around.So what happens if Austin becomes a better city by the cops not being around? Are you willing to take that chance? I am.
By Retired LEO
January 25, 2012 6:39 PM | Link to this
Wow, I remember the good ole days when cops were seen as humans, with the same flaws as other humans. What would you do if someone spit in your face? I think the officer used great restraint by just slapping a face. And it was a woman cop. You won’t even cut the ladies a break, huh?
I’m waiting for the 99% to go off the edge. I no longer have any regulations holding me back, and I’m still well armed. Only Austin is so spoiled with useless protesting losers. Without the cops, who would you call? A homeless guy?
By FD
January 25, 2012 6:25 PM | Link to this
Its obvious that all of the Police Officers of Austin need to take a day off. In fact they should all just stay at home until the public as a whole asks / begs them to come back and then allows them to work unrestrained so they can clean this city up. Austin was once a great city, now its as bad as Houston and San Antonio with all of the gangs and terds floating around.
By Mad Tom
January 25, 2012 6:03 PM | Link to this
Austin grand juries are stacked with rich, right-wing types who will give the cops a pass on ANYTHING.
This has been a problem FOREVER in Austin. District Judges pick the grand jurors, and they pick police apologists every time. It is a shameful situation, and it has gone on and on and on.
By mike
January 25, 2012 5:04 PM | Link to this
Jeff, The guy is an ex ranger and currently being prosecuted for a felony last I checked. Even if I did work at KFC (which I dont), what does that have to do with any of this or call for personal insults? That shows your character if anything.. A tough guy behind a keyboard. In this article, it would seem the police department had the use of force sent to the grand jury, probably during an IA investigation. The jury saw the facts and backed the officer. Good for them!
By Samantha
January 25, 2012 4:25 PM | Link to this
OK. First of all, Officer Michelle Gish is not a “Ranger” (I have no idea where you are getting that from the article). Second of all, this incident did NOT happen on January 1, 2012. Im not sure where you are getting your “facts,” but you might want to verify before you post. I side with the officer and I am glad that the jury didn’t see a reason to convict her of this “crime.” Officer GIsh did nothing wrong in this situation. Officer Gish is not a “dirty”cop either.
By Jeff
January 25, 2012 3:42 PM | Link to this
All I’m sure of is that I’m on the ranger’s side, not the cop’s side. This whole mess is yet another black eye for APD no matter how it turns out and I’m sure Acevedo is pissed at the cops who created the mess that we’re all so abstractly Rashomoning over.
By dave
January 25, 2012 3:39 PM | Link to this
yeah of course, yet ANOTHER cop who gets off for doing something they shouldn’t have done…..seems that grand juries these days are completely biased in favor of the police…..I have a friend who was shot by police (not APD) and the grand jury in that case no-billed those cops, even though the cops completely screwed up - these grand juries are basically letting the cops get away with anything they want
By Texas Watches
January 25, 2012 2:57 PM | Link to this
Jeff, are you sure he interfered by protesting anothers treatment and capturing that mistreatment with a cell phone. An officer knows he can’t arrest someone for protesting or taking pictures …. hence it is easy to say someone spit. If Antonio was interfering why did the officer need to approach the man at his truck. The questions are too many and Art will not release the dashboard camera footage to put more light on the incident. What are they hiding?
By Jeff
January 25, 2012 2:49 PM | Link to this
Mike, I never said the woman in question was being mugged, I was merely citing a hypothetical situation for the purpose of sullying your character. Apparently everything must be spelled out around here. I’d draw you a picture but somebody stole my flesh colored crayon. (No, the ranger didn’t steal it, so don’t draw the wrong conclusion.)
By RangerCase
January 25, 2012 2:13 PM | Link to this
The police car tapes of what happened on 1/1/12 have not been released. That can only mean one thing — it doesn’t look good for the police officers who arrested the US Army Ranger for taping an arrest.
By Rich
January 25, 2012 2:11 PM | Link to this
I applaud the officer..if someone spit in my face, I wouldn’t have just hit them, they’d be eating through a straw.
By Jeff
January 25, 2012 1:44 PM | Link to this
Yo, worksInsurance— Whoa, slow down. You’ve got it all backwards because you’re missing the context. The Army Ranger is the guy that stepped up when the cops were abusing that woman early new year’s day. That’s the guy that Mike (clueless dude I was picking on) is calling a criminal. Got it?
By Jon Roland
January 25, 2012 1:18 PM | Link to this
There is also a problem, however, in that most members of the public, and the pool from which grand jurors are drawn, have been conditioned to trust law enforcement agents. Most them have never heard the term “testilying”, and are probably not going to develop an appropriate scepticism until they get arrested for something they didn’t do or that is not illegal.
A conservative is someone who got mugged, a liberal someone who got arrested, and a libertarian someone who got arrested for shooting a mugger.
By Deann
January 25, 2012 1:15 PM | Link to this
The officers are hardly ever investigated unless the public presses for it and if they are, even more rarely are they held accountable for any wrong-doing. If they are then the city/county has to pay. This is why they continue to bully, oppress, take advantage of their power, etc. without any repercussions. There is no accountability and I do not trust any of the officers in the community due to the bad examples set by more than one… then their innate ability to make up lies and try to cover up what happened. Disgusting behavior and especially disgusting when it comes from law enforcement that are supposed to set a good example and be there for the community…. sad sad sad
By Deann
January 25, 2012 1:14 PM | Link to this
The officers are hardly ever investigated unless the public presses for it and if they, even more rarely are they held accountable for any wrong-doing. If they are then the city/county has to pay. This is why they continue to bully, oppress, take advantage of their power, etc. without any repercussions. There is no accountability and I do not trust any of the officers in the community due to the bad examples set by more than one… then their innate ability to make up lies and try to cover up what happened. Disgusting behavior and especially disgusting when it comes from law enforcement that are supposed to set a good example and be there for the community…. sad sad sad
By worksInsurance
January 25, 2012 1:13 PM | Link to this
Jeff- You’re a cop, aren’t you? That’s so sweet- maintaining the blue line at any costs- especially for a ‘bad a@$$ “ranger”.
Bottom line: He is a public servant- he works for Mike, the coward. Mike pays his salary. Mike has a RIGHT to protect himself and his community against injustice and crime- even if that crime was committed by a cop.
Did Gish commit a crime? I don’t know- the grand jury didn’t think so; ergo he probably didn’t.
But that’s not the point. Ranger or not- he is subject to the law, just like the rest of us.
By Jon Roland
January 25, 2012 1:04 PM | Link to this
If a prosecutor doesn’t want to prosecute he can present a weak case to the grand jury, or otherwise signal that he doesn’t really want an indictment, and there is nothing that can be done about that, other than to have a better prosecutor take it to a later grand jury. However, ultimately even if a prosecutor gets an indictment he can still throw the case. I would expect Charlie Baird to be much better in this kind of case, as in most others. But the more durable reform would be to return to the original practice of private criminal prosecutions, which are already provided for in law, where they are called prosecutors pro tempore. See http://constitution.org/uslaw/privpros.htm
By El Viajero
January 25, 2012 12:05 PM | Link to this
Rosemary Lehmburg demonstates extreme bias when it comes to dirty cops. The only way these cases even make it to the grand jury is when the publicity leaves her no choice. When they do make it, her prosecutors present a weak case and the cops get off.
Travis county will probably re-elect her anyway, so what does it matter?
By mike
January 25, 2012 12:03 PM | Link to this
yes they should review the 01/091/12 incident and make sure charges are filed against the criminal that interferred and spit in the offices face.
By Texas Watches
January 25, 2012 11:36 AM | Link to this
Maybe this grand jury should review the incident on 1/1/2012 at 1:15 AM in the 900 block of N Lamar. It seems an officer violated both one and two by the gas pumps at the 7-11.