Affidavit says Austin Police officer on 6th Street was attacked before viral arrest video
AUSTIN (KXAN) – The officer captured in a viral video hitting an arrestee pinned to the ground was attacked from behind before the recording started, according to an arrest warrant affidavit.
The video shows an Austin Police officer on top of 19-year-old Johnny Acuna-Jacobo, appearing to punch him several times.
The arrest warrant affidavit stated that an APD officer was trying to break up a fight between two men on 6th Street early Saturday morning, when the officer was “unexpectedly attacked from behind.” Acuna-Jacobo hit the officer on the back of the head multiple times before he was detained, per police documents.
“The blows caused immediate, sharp pain and disorientation, making it clear that Johnny’s assault needed to be stopped before further injury occurred. Fearing additional harm and to regain control of the situation, (the officer) turned toward the subject, identified him as Johnny, and executed a controlled takedown maneuver to subdue him,” the arrest warrant affidavit read.
“Johnny continued to actively resist and made further attempts to assault the officer. To gain compliance and effect the arrest, (the officer) delivered controlled, closed fists strikes to Johnny’s facial area. These strikes were deliberate and proportionate to overcome Johnny’s active aggression and resistance,” it continued.
Acuna-Jacobo was arrested after the incident and charged with assault against a peace officer, a second-degree felony. His bail was set to $10,000.
Notably, several videos of the 6th Street incident circulated online. In a different video, another APD officer was seen swinging and punching a person.
Following the incident, an officer was removed from patrol and placed on restricted duty after the videos surfaced. APD did not specify which officer was removed.
KXAN has requested the name of the officer who was removed from patrol duty and additional details from APD. APD previously said it would review body camera footage and conduct interviews with the officer involved and witnesses.
KXAN has also requested responses from Austin-Travis County EMS and the Travis County Sheriff’s Office regarding the incident.
‘Tired, frustrated [and] helpless’
Maria Delgado said that Acuna-Jacobo is her son.
Delgado said she saw the video Saturday afternoon and hasn’t slept much since then. On Sunday, Delgado and her family waited for his release at the Travis County jail, worried about injuries he may have suffered.
“The pretrial attorney said he saw him [Sunday] morning and that he does have visible injuries,” Delgado said. “We just want to see him come out walking because we haven’t had any contact with him.”
“Tired, frustrated [and] helpless,” she responded when asked how she is feeling. “When are these individuals going to face criminal charges? That’s a crime, what they committed,” Delgado added.
After waiting for several hours on Sunday, Acuna-Jacobo was not released due to delays in getting an ankle monitor. Delgado said she would take him to the hospital once he was released.
“I don’t think he received the proper medical care, [and] he was punched that violently on his head,” she said.
Mayor, police union response
Austin Mayor Kirk Watson released a statement Saturday, calling the incident “inexcusable and indefensible.”
“I have seen the video of an Austin Police Officer on 6th Street last night. The action is inexcusable and indefensible. There is no room in APD for such violent behavior or for someone who claims to be a public servant and acts that way. I know that Chief Davis will take appropriate action, including action that leads to termination. Again, there is no room for such offensive, ridiculous action,” Watson said.
The Austin Police Association responded Monday, saying it was “deeply disappointed” by Watson’s statement.
The Mayor’s statement represents a knee-jerk reaction that undermines both due process and the principle of impartiality that should guide all public officials, especially before all facts are known.
Public confidence in our accountability system relies on the careful examination of evidence and adherence to procedure – not on political soundbites or public pressure. Condemning an officer before an investigation is complete not only jeopardizes the integrity of that process but also sends a dangerous message to every member of law enforcement who serves this city with dedication and restraint under intense and often volatile circumstances.
Our officers deserve the same fundamental fairness that every citizen is guaranteed under the law. We urge Mayor Watson and all city officials to exercise restraint, respect the investigative process, and avoid statements that could prejudice outcomes or fuel unnecessary division within our community.
