Travis County Grand Jury Clears Officers Lehman, Cummins, and Barba in Use of Force Case

Travis County, Tx — Today, Travis County District Attorney José Garza announced that on Tuesday, April 18, 2023, a Travis County Special Grand Jury concluded its review of the August 19, 2021, shooting incident involving Austin Police Department Officers Derrick Lehman # 6794, Jason Cummins # 6845, and Michael Barba # 5203, and did not return an indictment for the officers.

On August 19, 2021, APD officers responded to a 911 call of a male pedestrian on a high-speed roadway at the 2300 block of South US Highway 183 Northbound. The officers arrived on the scene and located the male, later identified as Lashondell Gillespie, in the middle of the highway. Mr. Gillespie advanced toward the officers with what appeared to be a knife. Officers gave Mr. Gillespie commands to drop the knife. He did not drop the knife and continued to move toward the officers. Officer Lehman and Cummins then discharged their firearms as Mr. Gillespie moved closer to them. Mr. Gillespie sustained injuries and fell to the ground but did not drop the knife. Officers continued to command Mr. Gillespie to drop the knife, but he did not comply. Officer Barba then tased Mr. Gillespie as officers disarmed him. Officers subsequently approached him to render aid. Mr. Gillespie was transported to the hospital and survived his injuries.

“The District Attorney’s office takes the work of presenting all facts and evidence to a grand jury very seriously,” said District Attorney Garza. “In this case, an independent group of members of the Travis County community heard the evidence and law and decided that Officer Lehman’s, Cummins’, and Barba’s conduct was not unlawful.”

Since January 1, 2021, 79 number of cases against police officers have been presented to the grand jury, and including this one, 48 number of times, the grand jury has returned a no true bill.

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