Travis County DA’s Office Secures Plea in Use of Force Case Against Former Sergeant Yarger
Travis County, TX — Today, Tuesday, June 17, 2025, former Austin Police Department Sergeant Brian Yarger pleaded guilty to Assault Causing Bodily Injury and Official Oppression, both Class A misdemeanors, pursuant to an investigation concerning his excessive force during the arrest of Shaun Johnson on June 2, 2024 (case D1DC24900154).
In exchange for his guilty plea in this case, the State agreed to proceed under Texas Penal Code Section 12.45 to resolve the Informations filed against him concerning a subsequent incident in which he used excessive force against Marcos Cardoza (D1DC24900153) and Fidel Gonzalez (D1DC25900028) on July 24, 2024. Under this penal code provision, a defendant may, with the consent of the state attorney, admit his guilt for one or more unadjudicated offenses during the sentencing hearing and request that the court consider each when determining the sentence for the offense or offenses for which he “stands adjudged guilty.”
As part of this plea deal, Mr. Yarger will complete 12 months of deferred adjudication probation. He was required to permanently surrender his Texas Commission on Law Enforcement (“TCOLE”) peace officer license prior to entering his guilty plea in open court, which he has done and has been accepted by TCOLE. Additionally, he must write a letter of apology to each of the victims in his three cases, complete an anger management assessment through Travis County Community Supervision, and complete any recommended classes.
“We are grateful to the Austin Police Department for shedding light on these incidents. These cases were investigated by APD’s Special Investigations Unit and subsequently presented to our Civil Rights Unit,” stated Travis County District Attorney José Garza. “Ensuring accountability in law enforcement when laws are violated is essential for rebuilding community trust and maintaining the safety of our community.”
Background for Case D1DC24900154
On August 16, 2024, the Austin Police Department’s Special Investigations Unit received this matter for investigation from APD Internal Affairs. On November 8, 2024, the Austin Police Department’s Special Investigations Unit presented this matter to the Travis County District Attorney’s Office (“TCDA”), after which TCDA began its own review into possible criminal violations. During its review, TCDA determined that the Defendant had violated Texas penal law.
On June 4, 2025, the Travis County District Attorney’s Office filed an Information charging Mr. Yarger with the offenses of Assault Causing Bodily Injury and Official Oppression.
Background for Cases D1DC25900028 and D1DC24900153
On August 16, 2024, the Austin Police Department’s Special Investigations Unit began an investigation into these matters.
On November 8, 2024, the Austin Police Department’s Special Investigations Unit presented this matter to the Travis County District Attorney’s Office (“TCDA”), which subsequently commenced its own review into potential criminal violations. During its review, TCDA concluded that the Defendant had violated Texas penal law.
On June 4, 2025, the Travis County District Attorney’s Office filed an information charging Mr. Yarger with the offenses of Assault Causing Bodily Injury and Official Oppression in the Fidel Gonzalez case (D1DC25900028). Additionally, TCDA filed an information charging former Sergeant Yarger with the offenses of Assault Causing Bodily Injury and Official Oppression in the Marcos Cardoza case (D1DC24900153).
In all criminal cases, the Travis County District Attorney’s Office has the authority to preliminarily charge a defendant prior to presenting the case to a grand jury through a legal instrument called an Information. By filing charges by Information, the District Attorney’s office can comply with the statute of limitations and continue to litigate pre-trial issues.
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