Judge will see secret personnel file of Austin police officer charged with murder in Mike Ramos shooting death

Days before the start of the murder trial of the Austin police officer who fatally shot Mike Ramos, a Travis County District Court judge has denied a city of Austin request to keep part of the officer’s personnel file private.

At a Monday morning hearing, Travis County District Court Judge Dayna Blazey denied the city’s motion to partially quash a subpoena for the personnel records of APD officer Christopher Taylor. The city must turn the file over to the judge, who will review it and determine which parts can be made available to the Travis County District Attorney’s Office.

Taylor shot the 42-year-old Ramos in April 2020 as he was attempting to leave the parking lot of a Southeast Austin apartment complex. Taylor also faces a second murder indictment in the July 2019 shooting death of Mauris DeSilva.

As part of the Ramos trial, which is due to begin next week, the Travis County District Attorney’s Office subpoenaed personnel files for Taylor in November. In January, City Attorney Anne Morgan responded with a motion asking Blazey to partially quash the subpoena and allow the city to retain custody of the documents.

Morgan argued that the city should only be required to hand over the public part of the file, which is referred to as the “A File” and includes commendations, period performance evaluations, and instances of officer misconduct if that conduct ultimately resulted in formal disciplinary action.

Morgan notes city police departments also maintain a second personnel file for internal use, which is referred to as the “G File” and includes records related to investigations of complaints that did not result in formal discipline.

“A police department may not release any information contained in that optional file,” the motion argues, citing Texas Local Government Code 143.089(g). “Courts interpreting the meaning of this provision have universally found that the law makes these departmental files privileged and confidential,” the motion continues.

The city attorney further argued that the 3rd Court of Appeals has previously ruled the files “cannot be obtained directly by the State or the defense under a protective order or through discovery allowed by the Michael Morton Act.”

At a hearing on Monday, Blazey ruled the city will deliver her Taylor’s G File by the close of business on Wednesday, May 17. She will then review the documents and determine what portions to hand over to the prosecution.

On Monday afternoon, a city spokesperson acknowledged the ruling in a statement to the Austin Monitor. “The City intends to comply with Judge Blazey’s ruling,” the spokesperson said.

The battle over Taylor’s private personnel record comes as the city is in the process of implementing the Austin Police Oversight Act, which voters overwhelmingly approved in a vote earlier this month. The APOA forbids the department from maintaining a secret personnel file and expands public access to those misconduct records. As Mayor Kirk Watson noted, that is currently the subject of a preemption bill in the Texas Legislature.

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