Former APD officer charged with assault, official oppression is set for plea

AUSTIN (KXAN) — Former Austin Police Officer Brian Yarger faces charges of assault causing bodily injury and official oppression, according to Travis County Court documents filed this week. These are both misdemeanor charges.

This pertains to the arrest of a man named Marcos Cardoza in July 2024.

According to Yarger's TCOLE records, he no longer works at APD as of November 2024. He worked with the department for nearly 16 years.

KXAN has reached out to APD and will update this story when we receive a response.

Incident details

Yarger's court records state he "intentionally and knowingly caused bodily injury" to Cardoza by doing the following:

• Performing a leg-sweep take-down
• Striking Cardoza's head with the heel of his palm
• Delivering a knee strike to Cardoza's left ribcage area
• Dropping his left knee onto Cardoza's head and neck area

"CLEAT continues to represent Brian Yarger, as we would any one of our members, as they navigate the justice system as well as internal disciplinary procedures," said a spokesperson for the Combined Law Enforcement Associations of Texas (CLEAT), which is providing legal representation for Yarger. "At times, our members must make difficult decisions for their future and this is one of those instances. As always, due process is of the utmost importance."

This allegedly happened during the July 2024 arrest, which occurred downtown around 2:45 a.m. Court records state Yarger pulled up near two men who were arguing. One of those men is identified as Cardoza.

Yarger reportedly asked Cardoza to come speak with him, and Cardoza declined and walked away, holding a dog in his right arm. That's when court records state Yarger attempted to detain Cardoza, Cardoza pulled away, and Yarger determined he would arrest Cardoza for public intoxication. That is when Yarger performed the aforementioned list of physical actions to detain Cardoza.

A few weeks after the arrest, APD's Special Investigations Unit reviewed the use of the force in the case and proceeded to present the matter to the Travis County District Attorney's Office on Nov. 8, 2024. The DA's office then began its "review into possible criminal violations," according to court records. Yarger's TCOLE records show his last day with APD as Nov. 21, 2024, about two weeks after his case was brought to the district attorney.

Prosecutors determined there were grounds for charges.

A plea hearing is set on this case for June 17.

Yarger is not in custody.