For Immediate Release
March 31, 2010

Travis County District Attorney Rosemary Lehmberg issued the following statement:

Today a Travis County Grand Jury declined to indict Deputy Constable Christopher Bieze for his actions during a traffic stop on Highway 71 on May 11, 2009. Bieze pulled over Kathryn Winkfein, 72, for speeding in a construction zone. When Winkfein refused to sign the citation, Bieze determined to take her into custody. During the conflict that resulted, Bieze used his taser twice on Winkfein. The entire incident was captured on Bieze’s in-car video. Part of the incident was also captured on Bieze’s taser camera.

The public airing of the car video, showing Winkfein’s behavior and Bieze’s use of the taser, prompted widespread public comment and controversy.

The Grand Jury considered whether Deputy Constable Bieze violated any criminal statutes and whether his use of force was lawful under the circumstances. In making their determination, the Grand Jurors heard from Bieze and Winkfein and were assisted by the video and the testimony of an expert in the use of force, including the appropriate use of a taser.

Today we will review the car video and the state statutes relevant to the incident.

The video shows some disturbing images. Those who have seen it have generally had strong reactions, but often with totally different points of view. Some are appalled by Officer Bieze’s actions and some feel that Ms. Winkfein brought this upon herself by her behavior that day.

I can tell you that the Grand Jury gave this matter careful consideration and did not come to this final decision easily or quickly. In the end, they determined only that Bieze's actions were legal. However, their decision is not an endorsement of the conduct of either party to this conflict. Kathryn Winkfein's behavior was defiant and disrespectful. While Deputy Constable Bieze may have followed the letter of the law, a more prudent use of discretion could have resulted in a different outcome. For both, some measure of self restraint would have avoided this painful and embarrassing incident.

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