Suspect charged in recent ICE detention attack arrested in Austin during 2020 protest
AUSTIN (KXAN) — After "an intense, weeklong manhunt", a North Texas man is in federal custody in connection with a coordinated 10-person attack on an ICE detention facility on July 4 in Alvarado, Texas, that resulted in an officer being shot in the neck, the U.S. Attorney's Office said in a press release.
A statewide Blue Alert issued last week for Benjamin Hanil Song was likely the first time most Texans heard the name "Benjamin Song," however, this was not the case for many Austin Police Department officers.
Song was among the 40 people arrested during the August 2020 protests in downtown Austin. Most of those arrests were for nonviolent offenses such as interfering with police. However, Song was charged with two counts of first-degree felony aggravated assault with a deadly weapon against a peace officer.
According to Travis County court records, on Aug. 2, Song was in a large group of protesters on Congress Avenue with an assault-style rifle slung across his chest.
After Song and the other protesters refused to comply with APD's orders to clear the road, an officer on an APD bicycle attempted to grab Song, causing him to trip over the officer's bike. When Song stood up, he raised his rifle into a firing position and pointed the gun directly at two uniformed officers, leading both of the officers to draw their duty issue handguns to defend themselves, the affidavit states.
Song reportedly ran into a crowd of protesters before APD officers found him and placed him under arrest.
Once arrested, records show officers confiscated the following items from Song:
- 7.62 caliber semi-automatic rifle
- .45 caliber semi-automatic pistol
- Green gas mask
- Tactical backpack
- Two loaded rifle magazines
On Aug. 17, 2020, Song was released from Travis County custody on a $10,000 cash bond. Over the next 14 months, the charges against Song were designated "Unindicted" 12 separate times with no recorded case activity, according to court dockets.
It wasn't until Oct. 25, 2021, when Song's defense attorney filed a Writ of Habeas Corpus motion seeking a dismissal under Art. 32.01 of the Texas Code of Criminal Procedure because 180 days had lapsed without the District Attorney's office obtaining an indictment.
According to court records, the DA's office never filed a response to the defense's motion to dismiss and presented Song's cases to a grand jury on Nov. 3, 2021, resulting in the return of a No Bill from the grand jury.
KXAN reached out to the DA's office about the circumstances of Song's case and the amount of time that lapsed from the time of arrest to when the defense filed the motion to dismiss, and will update this story once a response is provided.
Following the return of a No Bill from the Grand Jury, APD was required to return the firearms, ammunition, and other items originally confiscated from Song.
KXAN spoke with several law enforcement sources familiar with the circumstances surrounding Song's arrest and felony charges who said APD officers offered to provide the DA's office assistance in the preparation of presenting Song's case to a grand jury and further offered to provide testimony to the grand jury.
APD's requests to assist were allegedly declined by the DA's office, those sources told KXAN.
KXAN asked the DA's office if APD offered to assist in this case and whether the requests were denied. Additionally, KXAN requested records from APD to learn whether documentation exists showing the actions taken by both APD and the DA's office prior to Song being No Billed.
KXAN will update this story once a response and records are received.
Total, 14 people have been arrested for their alleged involvement in the organized attack on the Prairieland Detention Center on July 4. Song is currently charged with six federal offenses: three counts of attempted murder of a federal officer and three counts of discharging a firearm during, in relation to, and in furtherance of a crime of violence, according to federal court records.