Man Who Fled Police In East Austin, Injuring Officer, Indicted On Felony Counts

EAST AUSTIN, TX — The Travis County District Attorney said on Tuesday that a grand jury recently indicted a man who fled police in East Austin in February—backing his vehicle into an officer as he attempted to evade arrest—was indicted on four felony charges.

The jury heard the case of Javier Tinoco during the weeks of April 17-21 and 24-28 before handing down the indictment on April 26, DA Margaret Moore said. As a result, Tinoco, 25, was indicted on the following counts:

• Aggravated Assault Against Public Servant, a 1st degree felony with enhanced- punishment ranging between 15 to 99 years in prison;

• Intoxication Assault Against Peace Officer with a Deadly Weapon,a 2nd degree felony, enhanced- punishment range of five to 99 year or life in prison;
• DWI, 3rd or More with a Deadly Weapon 3rd degree felony, enhanced-punishment range between two to 20 years;
• Evading Arrest or Detention, which is a 3rd degree felony with an enhanced punishment range between two to 20 years' imprisonment.

Moore noted that a punishment range can be enhanced as several against Tinoco have, if the state can prove beyond a reasonable doubt that, prior to the instant offenses, the defendant has served a prison term.

Tinoco is currently being detained in the Travis County Jail, and his next court setting is scheduled on May 19 in the 403rd District Court, Moore said.

According to an arrest affidavit, police spotted Tinoco driving erratically along Springdale Road when they attempted to pull him over in February. Tinoco turned into a Dollar General store at East 51st and Springdale before speeding off, throwing a can of beer out the window as he fled at speeds topping 85 miles per hour in a pursuit that began close to 1 a.m.

Tinoco later pulled into a cul de sac on Marks Circle off Springdale Road and backed his vehicle into a 19-year veteran of the police force with his vehicle. Seeing his injured colleague, the other officer at the scene opened fire on the fleeing vehicle but missed as Tinoco continued his flight. The injured officer was later taken to the hospital for treatment of his injuries and has since recovered.

Spike strips were ultimately deployed in an effective tactic to stop Tinoco near Loyola and Bridgewater. Police found an unopened 24-ounce beer inside the vehicle, and Tinoco reportedly said he fled because he had prior DWI offenses in his record.

>>> Booking photo of Javier Tinoco via Austin Police Department