SAN MARCOS, Texas (KXAN) — On Thursday, the Hays County District Attorney’s Office announced the dismissal of the deadly conduct charge against a former Hays County Sheriff’s Office corrections officer.
In December 2022, Isaiah Garcia, who was on duty as a corrections officer, shot and killed 36-year-old Joshua Wright as he was attempting to escape custody while at a hospital in Kyle, a press release said.
“Under Texas law, a corrections officer or peace officer may be justified in using force, including deadly force, if he reasonably believes it is immediately necessary to prevent the escape of a person in custody,” the DA’s office said.
In 2023, a grand jury did not charge Garcia with murder and manslaughter in connection with the shooting but instead charged him with the third-degree felony offense of deadly conduct.
“While the indictment did not charge Garcia with an offense directly related to the death of Wright, it did accuse him of deadly conduct for the circumstances in which he fired his weapon in a crowded emergency room,” the release said.
The office said the dismissal of the deadly conduct charge was at the family’s request.
“They communicated their wishes to have the case dismissed after consulting with their legal representatives. After subsequently viewing the body cam footage of the shooting, the family persisted in requesting the dismissal. The reasons offered by the family for their request were carefully considered and, ultimately, found to be persuasive,” District Attorney Kelly Higgins said in the release.
Before the dismissal, the DA’s office said Garcia agreed to a permanent surrender of his corrections officer license, as well as agreed not to seek any future license or certification to work as a peace officer, corrections officer or armed security guard.