27 Oct
2014

Trial for the Controversial New Year’s Day Arrest of Antonio Buehler Concludes Monday, October 27th at Austin Municipal Court

Tomorrow morning, Monday, October 27th, at the Austin Municipal Courthouse, what has been perhaps the most exciting and tense Class C Misdemeanor trial in recent Austin history will finally come to a close.

On Friday, in a surprise move that would extend the trial into a third day, Austin City Prosecutor Matthew McCabe recalled Officer Robert Snider and called APD Academy Instructor Raul Carrillo to testify. Calling Snider back to the stand was a curious move, considering that Snider did not endear himself to the jury for the way he described his decision to pull Norma Pizana out of the passenger seat of a car for texting on her phone, and for his admission that he threatened to arrest a pedestrian bystander who observed the arrests of Buehler, Pizana and Hill. Snider ended up leaving the witness stand without answering a single question.

Officer Carrillo, the prosecution’s last minute star witness was perhaps an even bigger mistake. Without being qualified as an expert, Carrillo could not testify to the specifics of Buehler’s New Year’s Day arrest, so instead he was forced to answer hypothetical scenarios. McCabe tried to lead Carrillo down a path that would suggest that the actions of Officers Patrick Oborski and Robert Snider were justified. Buehler’s attorney Millie Thompson, meanwhile, walked Carrillo down a hypothetical path that mirrored the New Year’s Day arrest, leading Carrillo to acknowledge that Oborski should not have approached Buehler, should have probably backed up when he realized he was too close to Buehler, and that Oborski’s actions were tantamount to assault.

Earlier in the day the, Austin Police Officer Jermaine Hopkins crossed the “thin blue line” to testify on behalf of the defense. When asked why he chose to step forward, Hopkins said that he couldn’t in good conscience allow the Austin Police Department to trample upon Mr. Buehler’s civil rights. Hopkins helped correct what the Defense believed were misstatements by the Prosecutor, Oborski, and Snider about the law regarding probable cause and reasonable suspicion. Thompson later filed a motion with the judge to properly instruct the jury on the law before deliberations.

Additionally, Antonio Buehler had his opportunity to testify before the Defense rested their case. Buehler got choked up early on, describing how Pizana’s cried, “Help me please!” as Oborski and Snider ratcheted her arms up behind her back, but he recovered quickly to describe in detail everything that followed. Buehler continually referenced the videos as he explained how Oborski approached him and begin to shove and push him without cause, well before there was any claim of Oborski being spit on. Buehler also admitted to ignoring Oborski’s instructions to put his hands behind his back, as he deemed such instructions to be unlawful given what he believed were previous illegal acts by both Oborski and Snider. While Buehler’s testimony was expected to take 2-3 hours, McCabe apparently did not seem eager to question Buehler and quickly passed the witness.

“I was really disappointed that McCabe didn’t ask me more questions,” Buehler said. “He continued, “Every time McCabe asked me a question, we were able to highlight how malicious and dishonest their case is, which explains why he was so eager to get me off the stand. I hope the jury saw what was evident to everyone else in the courtroom—that unlike the prosecution, we didn’t have to try to keep our lies straight—all we had to do was speak the truth. I hope that the people of Austin are the next ones to recognize the incredibly disturbing lengths that the Austin Police Department and the City Prosecutors have taken to try to cover up the crimes of two corrupt cops.”

Buehler’s attorney Millie Thompson said, “The police arrested an innocent man. By doing so, they guaranteed a long and expensive court battle. We had a three day trial. Three police officers testified for the State. Six witnesses testified for the defense. Six Austinite jurors. The lost man-hours and State’s resources that went into prosecuting this frivolous Class C Misdemeanor with a maximum $500 fine are extraordinary – all to protect APD’s unconstitutional conduct. Do Austin tax payers want their money spent this way? ”

Antonio Buehler is an entrepreneur in the education space, a West Point, Stanford and Harvard graduate, and the founder of the police accountability activist group, the Peaceful Streets Project. Buehler currently has a pending Federal Civil Rights lawsuit against the City of Austin as well as several Austin Police officers, including Patrick Oborski and Robert Snider.

1 Comment

  • I am proud of you and grateful to you Mr. Buehler for standing up for America and for Americans everywhere. We need our police, and we need them accountable, honest, and dependable.

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