Travis County Grand Jury Clears APD Officer In Use Of Force Case

AUSTIN, TX — A Travis County grand jury has cleared charges against an Austin police officer in the September 2019 death of Fred Babcock.

Officer Matthew Harmatuk was cleared of all charges Thursday, according to the Travis County District Attorney's office.

“Our office takes the work of presenting all facts and evidence to a grand jury very seriously, especially when a member of our community has died,” said District Attorney Garza. “In this case, an independent group of members of the Travis County community, after being sworn in to uphold their duties, heard the evidence and law and decided that Mr. Harmatuk’s conduct was lawful.”

On Sept. 22, 2019, Austin police received a 911 call from a woman who said her husband had hit her, threatened to kill her, had a handgun and "put the gun to her face" at a home at 2104 E. Anderson Lane.

The woman who called police unlocked the door before officers forced entry to the door. Officers grabbed the woman and moved her out of harm’s way, along with themselves, officials said.

Once removed, the woman confirmed Fred Babcock was the only other occupant inside the home and had access to multiple firearms. The department's SWAT was called to assist with the barricaded person, authorities said.

Officials said when SWAT arrived, they gave multiple commands to Babcock to surrender peacefully; however, Babcock failed to follow their commands and instead opened the door to his home and fired at police, who were in an armored vehicle in front of the residence.

As a result, SWAT officer Matthew Harmatuk fired a single shot that incapacitated Babcock, which lead to his death, the district attorney's office said.

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