AUSTIN (KXAN) -- The sentencing hearing for Austin police officer Christopher Taylor, who a jury found guilty of deadly conduct last month, is set to continue Monday morning.
In Texas, defendants have the right to have the judge or jury determine their sentence. In this case, Taylor chose the judge, so Judge Dayna Blazey will determine his punishment.
The sentence range for deadly conduct is 2-10 years and up to a $10,000 fine. Probation can also be an option if the individual does not have any prior convictions, which is the case for Taylor.
You can follow live updates from the courtroom on the social media platform "X" below.
Police shot and killed DeSilva in a common area of his downtown condo complex on July 31, 2019. Taylor and three other officers responded after 911 callers reported DeSilva walking around, holding a knife to his neck.
You can view body camera video of the shooting here.
This week, defense attorneys will present witnesses to argue their cases on what they believe the sentence should be. Prosecutors held their portion mid-October. The sessions were split, Taylor's attorneys said, due to scheduling conflicts both with the court and with counsel.
Throughout the trial, Taylor’s attorneys said he acted in defense of himself and others. The State argued DeSilva was undergoing a "profound" mental health episode and police did not have to shoot him.
Last year, Taylor stood trial for murder in the 2020 death of Mike Ramos. That case ended with a hung jury, and the judge declared a mistrial. Additionally, the case later went to a subsequent grand jury, and that grand jury no-billed the case, so Taylor was never charged with a crime in that police shooting.
The majority of the State's sentencing witnesses addressed this case.
Evidence related to the Ramos case was not admitted during the trial phase of the DeSilva case, meaning jurors did not hear anything in court about the Ramos case and could not use the Ramos case in their decision-making process. Rules for information admitted during the punishment phase are different. For example, the criminal history of any party in a case can be brought up.
The Defense objected multiple times to the admissibility of any evidence from the Ramos case during the punishment portion. Judge Blazey ultimately allowed the State to proceed, but said she would be the one to ultimately decide what weight to give said evidence. Reminder, Judge Blazey is the “trier of fact” of this case, meaning she will determine Taylor’s sentence, not a jury.
Taylor’s attorneys addressed drugs DeSilva had meth in his system the day he died and had a BAC of roughly .2. They also addressed Ramos’ criminal history, which includes 19 arrests in 22 years; and the fact the car he was in when police confronted him was stolen.
Officers who responded to the Ramos call alongside Taylor testified during the latter half of the day. Prosecutors had them walk through various tactical decision-making and threat assessment.
When Taylor’s attorneys questioned the officers, officers said they did feel threatened by Ramos during the call.
