AUSTIN (KXAN) — As the trial continues in the deadly conduct case for APD Officer Daniel Sanchez, the court agreed to call a witness out-of-order Friday morning to address use-of-force analysis.
In 2023, a grand jury indicted Sanchez in the 2022 deadly shooting of 33-year-old Rajan Moonesinghe. Sanchez was one of three officers who responded to a 911 call reporting Moonesinghe walking around his home with a rifle. Surveillance footage played in court Thursday shows Moonesinghe telling a neighbor he thought someone was in his house.
On Thursday, testimony ended with one of the State’s witnesses, an APD sergeant. Typically, the courts hear from all of the State’s witnesses before the Defense’s witnesses testify. Instead, the Defense’s expert in use-of-force, Jamie Borden, took the stand Friday morning. He believes Sanchez was justified in shooting Moonesinghe.
Borden said the fact that officers heard gunfire as they arrived on scene is “extremely significant.”
“They’re dealing with what’s considered to be an active shooter,” he said, adding that his “opinion is that the use of force was in response to an immediate” and possible threat, was in accordance with department policy and done out of a need to protect officers and the community.
Meanwhile, the first witness to testify Thursday was the State’s use-of-force expert, who walked through the shooting step-by-step and said, “I think Officer Sanchez panicked and made a tragic mistake.”
Follow live updates from the courtroom at the link below.
During opening statements, Sanchez’s attorney Brad Heilman revealed an autopsy report found cocaine in Moonesinghe’s system and a BAC of .33.
“That’s a dangerous situation,” he said.
Prosecutors are arguing this was a case of excessive force, and Moonesinghe was not harming or going to harm police.
Moonesinghe’s family has also filed a wrongful death lawsuit. Moonesinghe was a tech entrepreneur living in south Austin. The lawsuit includes a call for additional de-escalation training and incentives for officers who successfully de-escalate situations.
“We want change,” Moonesinghe’s brother Mark said when KXAN spoke with him about the lawsuit.
When Sanchez was indicted, APD issued a statement saying he acted in accordance with his training and that the department would stand by him. His attorney mirrored the department’s training sentiment and said Sanchez perceived a deadly threat on the scene.
Moonesinghe paranoid someone was in his home earlier in the day
When APD Sgt. John Abbott testified, he said Moonesinghe called a friend – Garrette Middleton – the evening before the shooting saying he saw some of his belongings awry around the house and thought someone had been inside.
Newly played surveillance video showed Moonesinghe moving his Ring doorbell camera to face his driveway instead of his front door. The courts also played video of an exchange between Moonesinghe and Middleton as Middleton left.
You see Moonesinghe walking Middleton to his truck and hear him say “which is great, I’m happy about that,” and “I’m sorry for making you drive.” The two then talk about making plans to see each other the next day and go to the shooting range.
Abbott also testified that cocaine and cocaine paraphernalia were found around Moonesinghe’s house.
Previously aired video shows Moonesinghe fire a shot toward his door. Abbott said on the stand that firing at a habitation is grounds for Deadly Conduct, and he believed officers had probable cause to believe Moonesinghe was potentially engaged in Deadly Conduct based on the information available to them at the time.
Other responding officer testifies
Officer Stephen Markert was the second sworn APD staff member to take the stand during this trial. He responded to the 911 call about Moonesinghe along with Sanchez on Nov. 15, 2022.
He said in the moment, he perceived a potential exchange of gunfire between Moonesinghe and Sanchez, but told prosecutors he didn’t know for sure.
Body camera video shows officers not rendering aid to Moonesinghe before entering his home. Markert said officers needed to make sure no one was hurt and in the house, and that Moonesinghe could not reach for his rifle.
Prosecutors asked Markert if he could hear Sanchez shout “drop the gun.” Markert said he did not.
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