Former DPS trooper, current FBI agent indicted in 2018 shooting

[HCM]

Former DPS trooper, current FBI agent indicted in 2018 suspect shooting

https://www.kxan.com/news/local/austin/former-dps-trooper-current-fbi-agent-indicted-in-2018-suspect-shooting/?fbclid=IwAR1lK3JrFemr6JoaM5cicPK199Qjd7ZOe1x7kaXw ZP-NpWGiJN7td1l4920


AUSTIN (KXAN) — A former Texas Department of Public Safety trooper and current Federal Agent, who two years ago was cleared of wrongdoing by several agencies after he shot a suspect after the suspect rammed his car during a pursuit, has been indicted by a grand jury for the incident, attorneys say.

Travis County District Attorney Margaret Moore brought the case against Austin Johnston in front of a grand jury over his use of force in the incident. KXAN reached out to her office for comment, but the office said it couldn’t comment.

According to an arrest affidavit regarding the incident Sept. 8. 2018, Johnston tried to pull over a stolen care driven by Dustin Dougherty on North Lamar Boulevard. After Dougherty sped away, Johnston pursued, the affidavit says. Shortly after fleeing, Dougherty stopped his car in the middle of the street, put it in reverse and rammed Johnston’s patrol vehicle, the affidavit says.

After his vehicle was hit, Johnston fired his gun at Dougherty as Dougherty ran away. Johnston hit Dougherty in the back with a shot, and Dougherty was found hiding later. Dougherty was treated at a hospital and then released into custody, the affidavit says.

Dougherty pleaded guilty to aggravated assault against a public servant with a deadly weapon, a first-degree felony, and was sentenced to six years in prison, court records show. Moore prosecuted the case.

“Trooper Johnston’s actions were investigated by DPS and the Texas Rangers, found to be lawful and consistent with policy, and he was returned to full duty within 3 days,” Johnston’s attorneys, Doug O’Connell and Ken Ervin, said in a press release Friday.

“Johnston has since become an Federal Agent. The FBI was made aware of the incident with Dougherty, conducted their own investigation prior to Johnston’s appointment as a Federal Agent, and agreed with the Texas Rangers that Johnston’s actions were appropriate. The FBI had no issue with Johnston’s actions despite the fact that a grand jury review of the shooting was still possible,” the attorneys said.

This is just one example of a National trend among left wing / Soros funded DAs going back and re-opening closed / justified police shootings.

I’ve mentioned before that while conservatives make fools of themselves with conspiracy theories about Soros funding ANTIFA, he has, in fact been funding leftist DA candidates. The refusal of the Portland DA to prosecute any riot related cases and this national wave of “re-investigation” of settled police shooting cases demonstrates why.

prosecutors reooening police shootings

WATCH: Midcoast Legislator, District Attorney pursue reopening 13-year-old police shooting case

https://www.penbaypilot.com/article/watch-midcoast-legislator-district-attorney-pursue-reopening-13-year-old-police-shoot/135004

St. Louis County prosecutor reopened Michael Brown shooting case but won't charge Darren Wilson

https://www.google.com/amp/s/www.stltoday.com/news/local/crime-and-courts/st-louis-county-prosecutor-reopened-michael-brown-shooting-case-but-wont-charge-darren-wilson/article_8e537a12-4dd0-51d8-a325-11ba7dddd20e.amp.html

Massachusetts Prosecutor To Review 2011 Probe Into Shooting Of Black Man By Police

https://www.npr.org/sections/live-updates-protests-for-racial-justice/2020/08/21/904879592/massachusetts-prosecutor-to-review-2011-probe-into-shooting-of-black-man-by-poli

Maine lawmaker, prosecutor urge reopening of 2007 police shooting
https://www.google.com/amp/s/wgme.com/amp/news/local/maine-lawmaker-prosecutor-urge-reopening-of-2007-police-shooting

Maine DA to defy attorney general to charge officer in death

https://www.wabi.tv/content/news/Maine-DA-to-defy-attorney-general-to-charge-officer-in-death-571083881.html

BLM Leader Wants Bexar County DA to Reopen Cases of Police Killings

https://sanantonioreport.org/blm-leader-wants-bexar-county-da-to-reopen-cases-of-police-killings/

[willie]

A friend who is a retired attorney explained current events to me. I asked how could all these happenings have come about. He said that once we had the left and the far left. Now we have beyond the far left.

[blues]

A friend who is a retired attorney explained current events to me. I asked how could all these happenings have come about. He said that once we had the left and the far left. Now we have beyond the far left.

Pretty soon we'll have "nothing left".

[jnc36rcpd]

I hope the Arizona Attorney General looks into that shooting the Earp brothers had in Tombstone. That investigation didn't go the way I thought it should.😒

I agree with HCM on Soros funding left-wing prosecutors. There needs to be pushback by FOP's and other police organizations as well as Republicans and moderates generally during the next elections. There isn't much interest in courthouse races here as other elections and a relatively small number of voters can turn an election.

[HCM]

IThere isn't much interest in courthouse races here as other elections and a relatively small number of voters can turn an election.

Bingo.

DAs are the gate keepers to the criminal justice system. It’s a choke point which provides the best bang for their buck at the local level.

The leftists aren’t stupid and we underestimate them at our peril.

[trailrunner]

I hope the Arizona Attorney General looks into that shooting the Earp brothers had in Tombstone. That investigation didn't go the way I thought it should.😒


While we're at it, how about Bonnie and Clyde?

[willie]

This may have been said.....Opening up these cases will subject the officers to civil litigation that otherwise would not have arisen. It goes without saying that careers will be damaged. The FBI agent might as well pack his bags.

[blues]

This may have been said.....Opening up these cases will subject the officers to civil litigation that otherwise would not have arisen. It goes without saying that careers will be damaged. The FBI agent might as well pack his bags.

At some point, America is going to get what it's asking for. And it will be too late to put the genie back in the bottle.

[andre3k]

You can add one of my officers to that list. He was indicted by the Harris County DA, Kim Ogg, 2 years after he was exonerated by our Internal Affairs division and the case was also reviewed by the DA that later indicted him. Ogg was funded by Soros. He was later no billed by a grand jury, but he did have support from our union and the chief.

Sent from my SM-G965U using Tapatalk

[Erick Gelhaus]

This may have been said.....Opening up these cases will subject the officers to civil litigation that otherwise would not have arisen. It goes without saying that careers will be damaged. The FBI agent might as well pack his bags.

The lawsuits are going to keep coming as they have been. Getting cleared by your local prosecutor and agency has not been a bar to being sued for years. There are time frames for both the state and federal levels within which suits have to be filed. Re-opening these isn't likely to impact lawsuits. However, doing so is very likely to have other adverse effects - emotionally, psychologically on the involved officers, their families, co-workers.

[LittleLebowski]

What the fuck...

[LittleLebowski]

Welp, there it is.

https://www.austinmonitor.com/stories/2020/07/is-money-going-to-decide-travis-county-races/


Philanthropist George Soros contributed $652,000 to the Texas Justice & Public Safety PAC between March 11 and May 29. According to Garza’s opponent, District Attorney Margaret Moore, the PAC spent more than $600,000 on digital media and glossy mail advertisements to help Garza. Moore’s campaign released a blistering attack on those expenditures saying, “The amount of money being poured into the district attorney’s race is alarming and abhorrent. Local elections should be decided by people from this community, free from the crushing influence of outside spending by PACs that are not accountable to this county.”

[Totem Polar]

Pretty soon we'll have "nothing left".

Perfect response

[HCM]

Welp, there it is.

https://www.austinmonitor.com/stories/2020/07/is-money-going-to-decide-travis-county-races/

We are just now seeing the fruit of what Soros has been doing for years.

https://www.politico.com/story/2016/08/george-soros-criminal-justice-reform-227519


George Soros' quiet overhaul of the U.S. justice system
Progressives have zeroed in on electing prosecutors as an avenue for criminal justice reform, and the billionaire financier is providing the cash to make it happen.

https://www.google.com/amp/s/www.buzzfeednews.com/amphtml/ryancbrooks/the-campaign-to-change-policing-in-america-has-found-a-new

The Campaign To Change Policing In The US Has Found A New Way To Win
A well-funded campaign defeated an incumbent district attorney in a Texas Democratic primary Tuesday night.


A new strategy for changing policing by going after local district attorneys showed more signs of promise Tuesday, as a heavily funded campaign took down an incumbent in a Texas Democratic primary.

Texas Justice & Public Safety PAC — a political action committee tied to a network of similar state PACs that have received donations from liberal billionaire George Soros — poured nearly $1 million into a small Texas district attorney’s race in recent months, helping defense lawyer Joe Gonzales defeat Bexar County District Attorney Nico LaHood Tuesday night.

Progressives have increasingly concluded that local district attorneys — who are often aligned with police departments despite being elected in primaries by liberal Democratic voters — are the key pressure point in changing the power dynamic between police and communities.


Texas Justice & Public Safety is the latest iteration of a network of state-level PACs associated with Soros that seek to elect progressive candidates who support forms of criminal justice reform for district attorney roles across the country. The name of each PAC includes some variation of “safety and justice.”

The network of PACs have supported candidates in races in Philadelphia, Louisiana, and Texas going as far back as 2015. In Philadelphia, Soros donated $1.45 million to Philadelphia Justice and Public Safety PAC, which was created to support Larry Krasner, a civil rights attorney who opposes the death penalty. Krasner cruised to office in last November’s general election.

They’re in Virginia too:

https://www.google.com/amp/s/www.washingtonpost.com/local/legal-issues/pac-funded-by-george-soros-pumps-nearly-1-million-into-local-races-for-prosecutor/2019/06/04/c2df1b08-86f0-11e9-a491-25df61c78dc4_story.html%3foutputType=amp


The Justice and Public Safety PAC has donated about $583,000 to Parisa Dehghani-Tafti, a candidate for Arlington County commonwealth’s attorney, and $392,000 to Fairfax County commonwealth’s attorney candidate Steve T. Descano ahead of the June 11 primary, according to state figures released late Monday.

[LittleLebowski]

We are just now seeing the fruit of what Soros has been doing for years.

https://www.politico.com/story/2016/08/george-soros-criminal-justice-reform-227519


George Soros' quiet overhaul of the U.S. justice system
Progressives have zeroed in on electing prosecutors as an avenue for criminal justice reform, and the billionaire financier is providing the cash to make it happen.

https://www.google.com/amp/s/www.buzzfeednews.com/amphtml/ryancbrooks/the-campaign-to-change-policing-in-america-has-found-a-new

The Campaign To Change Policing In The US Has Found A New Way To Win
A well-funded campaign defeated an incumbent district attorney in a Texas Democratic primary Tuesday night.





They’re in Virginia too:

https://www.google.com/amp/s/www.washingtonpost.com/local/legal-issues/pac-funded-by-george-soros-pumps-nearly-1-million-into-local-races-for-prosecutor/2019/06/04/c2df1b08-86f0-11e9-a491-25df61c78dc4_story.html%3foutputType=amp

Oh, we know. I’m ordering if there will be a massive response from police unions.

[Rex G]

In am fully aware that I could end up in front of another grand jury, some day, even though the incident happened in the Nineties. I was no-billed, by the first grand jury. That is not the same thing as “cleared.”

It does not help that a largely-fictionalized version of my shooting was published, in a national-level business magazine. Yep, that whole “narrative” thing; taking very basic facts, and weaving a narrative that is far from the truth. That article can still be found, on-line.

One factor, in my “favor,” is that the deceased person, though a “minority,” was not of African heritage.

[HCM]

In am fully aware that I could end up in front of another grand jury, some day, even though the incident happened in the Nineties. I was no-billed, by the first grand jury. That is not the same thing as “cleared.”

It does not help that a largely-fictionalized version of my shooting was published, in a national-level business magazine. Yep, that whole “narrative” thing; taking very basic facts, and weaving a narrative that is far from the truth. That article can still be found, on-line.

One factor, in my “favor,” is that the deceased person, though a “minority,” was not of African heritage.

Most of the cases being re-opened were never presented to a Grand Jury but you’re right about the potential for re-presentment. In practice cases are only re-presented if there is new evidence but there nothing actually precluding it.

[HCM]

Oh, we know. I’m ordering if there will be a massive response from police unions.

Do they have the money and political capital to turn this around in the current environment? They are fighting for their lives against the “defund the police” movement.

It seems like the time to go big against the Soros DAs was 3-4 years ago.

[jnc36rcpd]

Very true, but few anticipated how bad the result of left wing prosecutors would be. I think most suspected higher standards for charging or prosecution, wink-wink, nod-nod-Bob's-your-uncle to dope possession, and other such nonsense. Most did not anticipate reckless prosecution of officers for current events and the distant past and the wholesale amnesty given to left wing rioters.

Of course, in December of 1941, some attributed that radar blip to B-17's flying in from California.

I think the unions have got to fight, hopefully with support of moderates fed up with Soros prosecutors.

[Snapshot]

Certainly the FOP and similar have a big stake in exposing and somehow countering the selection and behavior of people who are re-investigating old cases in aid of virtue signalling, anti-discrimination or other political (vs. substantial) reasons.

But it is just as much if not more a question for "the people" to understand and choose who will represent them and how.

National politics gets the lions share of the media and other attention, but state and local politics more directly affect how people live, including what services are available and how they are delivered.

In the U.S. District Attorneys and other officials are elected, so those who care to inform themselves can make their views known; on the other hand the selection of these officials can be influenced by whomever wants to do so via PACs and similar. To get a good result requires considerable effort to find, fund and support the right people, something that is not easy, fun or cheap to do.

Here in Canada the (somewhat similar) Crown prosecutors are appointed by and are accountable to the Ministry of the Solicitor General; no voice or choice for Joe Citizen, but on the other hand maybe a bit harder for George and friends to stick their nose into who is appointed.

[JodyH]

This is why Presidential and Gubernatorial pardons need to exist with very, very few limitations.
The pardon is a check against blatant miscarriages of justice.

[feudist]

At some point, America is going to get what it's asking for. And it will be too late to put the genie back in the bottle.

Good and hard.

[AKDoug]

Certainly the FOP and similar have a big stake in exposing and somehow countering the selection and behavior of people who are re-investigating old cases in aid of virtue signalling, anti-discrimination or other political (vs. substantial) reasons.

But it is just as much if not more a question for "the people" to understand and choose who will represent them and how.

National politics gets the lions share of the media and other attention, but state and local politics more directly affect how people live, including what services are available and how they are delivered.

In the U.S. District Attorneys and other officials are elected, so those who care to inform themselves can make their views known; on the other hand the selection of these officials can be influenced by whomever wants to do so via PACs and similar. To get a good result requires considerable effort to find, fund and support the right people, something that is not easy, fun or cheap to do.

Here in Canada the (somewhat similar) Crown prosecutors are appointed by and are accountable to the Ministry of the Solicitor General; no voice or choice for Joe Citizen, but on the other hand maybe a bit harder for George and friends to stick their nose into who is appointed. Not all states have elected DA's and that's the way it should be in my opinion. Alaska, Connecticut and New Jersey do not.

[jlw]

While several of the metro-Atlanta counties are large enough to be their own judicial circuit for Superior Court, most of the counties in GA are part of multi-county judicial circuits. The county where I work is part of a two county circuit. Unfortunately, the other county outnumbers us 3-1 and has radically different politics. Whoever wins that county wins the circuit wide races.

We are facing the very real possibility of getting a very left wing entertainment lawyer as our next DA.

GA did change its law recently so that a DA must bring an indictment within one year of the incident if it involves LE. Previously, an officer who was the subject of the indictment could be present in the grand jury room, hear all of the evidence, and then make an uncontested statement at the end of the presentation. Now, the officer can no longer be present, and they are subject to cross examination. The court must produce a transcript of all testimony.

[willie]

Does straight ticket voting contribute to electing these types of far left prosecutors? If so, many who pull that one handle are not examining candidates. I'm guilty of that and have helped elect a few idiots. Of course, I endorse universal suffrage but sometimes wonder where it will take us. I fear change that I know is coming. Many will welcome it. Eventually nobody will know the difference. The forum has gun owners who voted for Hillary and will happily embrace Biden and Harris. People have different assumptions and operate in vastly different ways. They draw dissimilar conclusions when viewing the same data. One thing that means is that large numbers of interest groups compete for limited resources. At school and in my city job, I observed a loud beating of drums that our diversity is our strength. Once I asked this question. I asked how might diversity be a restraining force in achieving goals? It was an honest question. I got 5 ass chewings. Then I asked permission to express myself and not be written up for insubordination, and received it. I told my supervisor that he was full of shit because his party line did not allow certain questions. I retired a few months later. Years before I had a nervous sociology teacher who had had several nervous breakdowns. I asked one question that put him back into the state lunatic hospital for the insane.

[LittleLebowski]

This is literally war on cops.

[willie]

This is literally war on cops.

It appears to have been orchestrated. The momentum is too great and too many things have dovetailed to work in concert for the war to be coincidental. Questioning or commenting differently about systemic racism brings about the same type responses as would questioning the New Testament's account of Jesus and the Resurrection in a 1950's Primitive Baptist Church meeting.

[TheRoland]

I've tried to resist commenting, but in the MA case, a SWAT officer fatally NDed into a prone, complying, non-suspect. His safety was off and his finger pulled the trigger. He rode a desk for a while but it was largely glossed over because the officer was an otherwise good guy in a small town, where being a good dude carries more weight than a dead citizen.

I'm not outraged it gets a second look. I don't know if the other cases are similar but small town New England is not exactly accountability central.

[John Hearne]

I've tried to resist commenting, but in the MA case, a SWAT officer fatally NDed into a prone, complying, non-suspect. His safety was off and his finger pulled the trigger. He rode a desk for a while but it was largely glossed over because the officer was an otherwise good guy in a small town, where being a good dude carries more weight than a dead citizen.

I'm not outraged it gets a second look. I don't know if the other cases are similar but small town New England is not exactly accountability central.

Sadly, I reference that case - Stamps v. Town of Framingham - every time I teach an AR class.

FWIW, the judges concluded that his finger was on the trigger. I still strongly suspect that the trigger caught on his SWAT kit.

[nwhpfan]

The suspect "rammed" the car then ran on foot and was shot in the back.

Was the officer injured in the ramming, was the suspect armed? Was the suspect a threat to to others as he was running away?

I would like to hear more about the case.

I don't suspect this would be condoned in my area of operation so perhaps there is more to it.

[HCM]

We are just now seeing the fruit of what Soros has been doing for years.

https://www.politico.com/story/2016/08/george-soros-criminal-justice-reform-227519


George Soros' quiet overhaul of the U.S. justice system
Progressives have zeroed in on electing prosecutors as an avenue for criminal justice reform, and the billionaire financier is providing the cash to make it happen.

https://www.google.com/amp/s/www.buzzfeednews.com/amphtml/ryancbrooks/the-campaign-to-change-policing-in-america-has-found-a-new

The Campaign To Change Policing In The US Has Found A New Way To Win
A well-funded campaign defeated an incumbent district attorney in a Texas Democratic primary Tuesday night.





They’re in Virginia too:

https://www.google.com/amp/s/www.washingtonpost.com/local/legal-issues/pac-funded-by-george-soros-pumps-nearly-1-million-into-local-races-for-prosecutor/2019/06/04/c2df1b08-86f0-11e9-a491-25df61c78dc4_story.html%3foutputType=amp

https://www.nytimes.com/2020/08/23/us/portland-protests-prosecute.html

In Portland, a Prosecutor Must Decide: Which Protesters Should Go to Jail?
Portland’s new district attorney has refused to prosecute hundreds of low-level offenses tied to recent demonstrations against systemic racism and police brutality.

[Lon]

Sadly, I reference that case - Stamps v. Town of Framingham - every time I teach an AR class.

FWIW, the judges concluded that his finger was on the trigger. I still strongly suspect that the trigger caught on his SWAT kit.

I was going through some file at work today and found the experts (a Steve Ijames) report about this incident. Feel free to hit me up via IM if you’re interested in a copy.

[feudist]

As there is no statute of limitations on murder, any prosecutor could indict any living police officer who killed in the line of duty.

Kind of like trying those 99 year old Nazi camp guards.

That is fucking AWESOME!

I wonder if I would submit to arrest?

Perhaps I might submit at the prosecutor's house.

[Eric_L]

This is why Presidential and Gubernatorial pardons need to exist with very, very few limitations.
The pardon is a check against blatant miscarriages of justice.


The pardon exists to right wrongs. Yes we need it. Just like we need thinking juries and thinking grand juries. However if I remember correctly there was a thread within the last year where many members were down (opposed) to blanket pardons.