Sentencing hearing begins for APD officer found guilty of deadly conduct

AUSTIN (KXAN) -- The sentencing hearing for Christopher Taylor, an Austin police officer found guilty of deadly conduct earlier this month, is set to begin Wednesday.

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.

This week, prosecutors will present witnesses to plead their case on what they believe the sentence should be. The Defense will not present its witnesses until late November. Taylor's attorneys say this is 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.

You can follow live updates below on the social media platform "X."

KXAN will update this story with the day's court proceedings.

The case

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.

The State said DeSilva was undergoing a “profound” mental health episode and expressed throughout the evidence portion of the trial that APD could have done more to de-escalate the situation and keep both DeSilva and others at the complex safe. Taylor’s attorneys said he committed no crime, and that DeSilva posed a credible threat to officers when they fired.

The crime of deadly conduct as it pertains to this case involves knowingly firing a gun at another person. Taylor’s attorneys do not deny Taylor shot DeSilva but said he did so in self-defense, so the use of force was justified and within Taylor’s rights.

Three other officers confronted DeSilva alongside Taylor. One other officer, Karl Krycia, shot DeSilva as well. Another officer, Joseph Cast, fired a Taser. Officer Phillip Zuniga did not actively hold a weapon; his role was to “go hands” if needed. 

Taylor originally also faced a murder charge in this case, but that charge was dropped the week before the trial. According to online court records, Kyrcia still faces a murder charge for shooting DeSilva. Neither Cast nor Zuniga face charges. 

Prosecutors asked Cast and Zuniga why police didn’t take more time to gather more information about DeSilva and his mental state before confronting him. This included asking officers why they didn’t speak further with a worker who also came face-to-face with DeSilva holding a knife. That worker testified that he saw DeSilva outside the elevator and said something along the lines of “We’re not doing that today” and DeSilva walked away. 

Testifying officers said DeSilva’s behavior was not only a danger to himself, but to others in the condo as well, and the priority became “addressing the threat.” 

At one point, prosecutors asked Cast about police bias and how his relationship with Taylor as a fellow police officer may impact his testimony. Cast said his testimony was unbiased.