Chief testifies in officers' stun gun trial

Despite efforts by defense attorneys to keep him from testifying, Austin Police Chief Brian Manley took the witness stand Friday in the trial of two officers he suspended earlier this year.

Manley spoke about potential damage to the Police Department's reputation because of the actions of officers Robert Pfaff and Donald Petraitis, who are accused of lying about the circumstances that led to one of them using a stun gun on a civilian.

He said written statements the officers provided after the Feb. 16 incident were "not consistent" with footage that showed Pfaff using a stun gun to subdue 30-year-old Quentin Perkins.

The reports stated Perkins had walked away from the scene at 12th and Red River streets, but omitted information that showed Perkins returned and got on the ground with his hands above his head, prosecutors allege.

Perkins, who testified that he was high on PCP and marijuana, was on his knees for six seconds as the officers yelled for him to “get on your face” and “get on the ground,” the video shows. He did not comply, the footage showed. Pfaff then used his stun gun.

Manley said he analyzed the video and the reports with his six assistant chiefs after a sergeant expressed concern about the inconsistencies. He said the officers might have harmed the relationship between Austin citizens and police.

"If that were to occur, it can deteriorate the trust that this community has in the Police Department," he said.

To acknowledge that the officers are considered innocent until proven guilty, Manley prefaced many of his statements by saying, "if that were to occur."

Pfaff and Petraitis are charged with tampering with physical evidence and tampering with government records — both felonies — and misdemeanor assault, official oppression and abuse of official capacity. Pfaff also is accused of lying in Perkins’ arrest affidavit and faces a charge of aggravated perjury.

In Texas, an officer who is convicted of a felony or accepts a deferred adjudication agreement for a felony offense, must turn in their badge and can no longer be a peace officer.

Manley testified in front of a packed courtroom of about 20 off-duty officers, some of whom attended all week and took vacation time to support Pfaff and Petraitis. Pfaff has been with the department for 10 years, and Petraitis eight.

On the evening of the incident, they were working overtime on a downtown patrol shift when they reported to the scene of a shooting. They encountered Perkins and others huddled around the victim. Normally, the officers served on the 25-member SWAT team, which multiple witnesses have said is highly competitive and is made up of the top officers in the department.

Before the jury returned from lunch, defense lawyers Ken Ervin and Doug O'Connell pleaded with state District Judge Karen Sage to block Manley from testifying. O'Connell, who is representing Pfaff, suggested the jury might overemphasize the testimony because of Manley's prominence in the community.

At one point, Ervin jumped out of his chair to object to a question from prosecutor Dexter Gilford, who had elicited the beginning of a response from Manley about launching an internal affairs investigation into the officers' actions. The judge had previously told prosecutors they were not to draw out information that would inform the jury that the officers were suspended.

Sage told the jury to disregard that portion of Manley's testimony.