A Travis County grand jury has declined to indict two Austin police officers in a late-night traffic stop shooting last year, meaning they will not face criminal charges in the case. Officers Ryne Kirchberg and Jake Pitcher were cleared in connection with the May 7, 2025, incident in north Austin.
Grand jury review and DA statement
District Attorney José Garza presented the facts and the law to a special Travis County grand jury, which concluded the officers' conduct was not unlawful, according to the Austin American-Statesman. With that finding, prosecutors will not pursue criminal charges against Kirchberg or Pitcher.
Video shows escalation during traffic stop
Body camera footage released after the shooting shows officers pulling over a vehicle just after midnight on East Braker Lane for a turn signal violation. During the stop, a male passenger, later identified as 26-year-old Branson Berreles, is seen pushing at officers and trying to run before reaching toward his waistband. Police said the officers fired after that movement and later recovered a firearm and magazines near the spot where he had reached. Local coverage of the footage appears in a prior body camera footage release.
Passenger faces separate charges
Berreles was later indicted on multiple felony counts - including two terroristic-threat charges against a peace officer and additional counts related to unlawful possession of a firearm - and those cases remain pending in county court. Court scheduling records list the charges and active settings in Travis County, according to Travis County court records.
Officer records and oversight concerns
The Office of Police Oversight flagged Officer Ryne Kirchberg for multiple complaints and recommended a broader review after finding 25 internal and external investigations into his conduct between January 2023 and July 2025, according to an Austin Office of Police Oversight memo. City disciplinary documents show Officer Jake Pitcher received a one-day suspension in February 2026 after an internal finding that he rear-ended another vehicle in November 2025 and had previously received warnings and reprimands, according to a City of Austin disciplinary notice. Both documents are posted on the city's website.
What happens now
The grand jury's decision effectively shuts the door on criminal prosecution of the two officers, but does not block possible civil litigation or administrative discipline. A federal civil-rights lawsuit filed last winter that names Kirchberg remains active, according to Justia. Local reporting has also noted that the status of the Austin Police Department's internal investigation into the May 7 stop is still unclear.
Legal notes
When a grand jury chooses not to return charges, it has decided there is no probable cause to approve criminal indictments. That decision does not resolve civil liability and does not dictate the outcome of any internal discipline. The shooting's legal and policy fallout - from the pending felony case against Berreles to the federal lawsuit and any departmental actions - could still unfold in the weeks and months ahead.
