AUSTIN, Texas — An Austin Police Department (APD) officer has been indicted in connection with a deadly shooting a little over a year ago.
KVUE Senior Reporter Tony Plohetski has confirmed that APD Officer Daniel Sanchez has been charged with deadly conduct, a third-degree felony, in connection with the November 2022 death of tech entrepreneur Rajan Moonesinghe.
The Travis County District Attorney's Office said a special grand jury returned the indictment on Tuesday, Dec. 19. The office's Civil Rights Unit will prosecute Officer Sanchez's case.
On Nov. 15, 2022, police responded to Moonesinghe's home after a 911 caller said there was a man standing outside holding a rifle and pointing it at his own home.
When Officers Sanchez and Stephen Market arrived at around 12:30 a.m., they located the man – later identified as 33-year-old Moonesinghe – and Sanchez told him to drop the gun, according to police. Immediately after giving the command, body camera video released by APD showed Sanchez fire his department-approved gun at Moonesinghe, prompting him to fall to the ground.
APD said Markert gave Moonesinghe a verbal command to show his hands but did not receive a response. Officer Luis Brito then arrived at the scene, and all three officers approached Moonesinghe on the front porch and began life-saving measures.
Moonesinghe was taken to a hospital, where he died from his injuries.
In the wake of his death, Moonesinghe's family members and other advocates have publicly called for more police accountability.
Sanchez is on paid administrative duty.
The Travis County Sheriff's Office said Officer Sanchez did a walk-through at the Travis County Jail before bonding out at 1:28 p.m.
“The District Attorney’s office takes the work of presenting all facts and evidence to a grand jury very seriously,” said Travis County District Attorney José Garza. “In this case, an independent group of members of the Travis County community heard the evidence and law and decided that Officer Sanchez's conduct was unlawful.”
Moonesinghe's family released a statement on Wednesday thanking the Travis County District Attorney's Office but saying "there is more work to be done" and it expects additional indictments against Officer Sanchez:
"The Austin Police Department has repeatedly and intentionally deceived our family and the public. From the very beginning, they misrepresented what had happened, stating to the press that they killed a white person; they did not. Even today, despite having no supporting evidence, they tried to rewrite history by releasing a statement that claimed that Raj 'fired a rifle indiscriminately in a densely populated neighborhood.' This is clearly contradicted by the publicly available, actual footage from the night in question. As that footage from the police officer’s body cam and front door security camera shows, Raj fired two shots into his own home to protect it from an intruder - and his life was taken senselessly as a result.
"We thus call on the Austin Police Department to admit the truth made clear in this footage. Any refusal to do so demonstrates they do not care about the truth. And how can we trust a police force that lies to us in the name of protecting us?
"We also call on the District Attorney, Jose Garza, to make sure justice is served. This shooting was not justified. Here, Officer Sanchez fired three shots in the same breath as saying “drop your gun,” after arriving in stealth without lights or sirens, without identifying himself, and without giving Raj any time to realize the police had arrived or obey his command. And then he shot two more times even after Raj had dropped his gun and put his hands up. This senseless and unwarranted shooting cannot be excused by claims of poor training or fear for personal safety. Raj was never a threat to the police - his gun was pointed at the ground. Police officers must have a responsibility to protect and serve - not shoot and kill out of fear.
"And so we also call on the Austin Police Department, the District Attorney, and the Austin community to make policy changes so our communities will be safer for everyone. We understand that this is going to be a long fight, but we are here for it because we want to make sure other families never have to experience a tragedy like ours."
Brad Heilman, Sanchez's defense attorney, shared the following statement following the indictment:
"On December 19, 2023, a Travis County grand jury under the direction of District Attorney José Garza indicted Austin Police Officer Daniel Sanchez for Deadly Conduct.
"On November 15, 2022, Officer Sanchez responded to a 911 call of a man pointing a rifle down the street and at his home. The caller notified 911 that the man fired the rifle into his house. As Officer Sanchez and another officer arrived in front of the residence, they heard more gunshots. Officer Sanchez, first to arrive on foot, commanded the man to drop the gun. Officer Sanchez fired his rifle to neutralize the threat to himself, another officer, and the community.
"An expert report was provided to the District Attorney by defense counsel in hopes the grand jury would be provided the report. The expert report detailed how Officer Sanchez's use of deadly force was objectively reasonable.
"The fact that Officer Sanchez was indicted for Deadly Conduct further exemplifies José Garza's continued attack on Austin Police Officers for doing exactly what they are trained to keep the citizens of Austin safe from harm. It is no coincidence that gun violence and attacks on police officers in Austin are at the current level.
"I am fully confident when a jury hears all of the facts in this case, Officers Sanchez will be exonerated."
APD Interim Chief Robin Henderson also released a statement that read in part:
"APD officers are trained to respond to acts of violence and prevent injuries to innocent persons. As seen in the Critical Incident Briefing materials released by APD on December 1, 2022, Officer Sanchez was confronted with a subject who fired a rifle indiscriminately in a densely populated neighborhood. Officer Sanchez responded to that threat consistent with his training. APD will continue to support Officer Sanchez as this process moves forward. For further information, please see the attached briefing and associated videos."