Brandon Daniel's lawyer steps aside

AUSTIN (KXAN) - The lawyer for the suspect in Senior Austin Police Officer Jaime Padron's shooting death in April stepped down during an appearance in court Monday afternoon.

Bill White, who has represented Brandon Daniel, was replaced by Russell Hunt.

White did not talk to reporters after the hearing. But Hunt cited "funding issues" regarding White's decision to step down from the case. He declined to elaborate.

This court hearing comes nearly three weeks after the Travis County District Attorney announced she would seek the death penalty for Daniel.

The 25-year-old's last court appearance was in mid-September. Daniel is charged with capital murder in the April 6 death.

District Attorney Rosemary Lehmberg had since been carefully considering whether to seek the death penalty in the case -- something Chief Art Acevedo had immediately pushed for when initially responding to the media in the early morning hours of the shooting inside a North Austin Walmart.

In a county where the death penalty is rarely sought, officials weighed the community outrage over the officer's killing, the grand funeral procession, the arrangements and the amount of people moved over the entire incident in the community -- among many other things.

"He wasn’t just taken from his family," said Acevedo the day officials announced they'd seek the death penalty. "He wasn’t just taken from us, the Austin Police Department and his law enforcement colleagues. He was taken from this community."

"And it was not just an attack on an officer," he continued. "It was an attack on the fabric that holds our community together. So I believe -- what he has taken from this community -- this community should have that option, the ultimate price for the ultimate act of committing a capital murder of a police officer."

Although it was ultimately Lehmberg's decision, it was one the district attorney had to first run through a committee of trusted advisors within her office -- people with differing views and some who even oppose the death penalty itself.

Steps before a decision is made

• Office will review all evidence
• Officials will talk to Austin Police Department thoroughly, including detectives who will explain all the evidence
• Authorities will talk to Padron's family, though that won't be the deciding factor. Montford said there have been cases, however, where families sometimes don't want to seek the death penalty but the DA's office goes ahead with pursuing it.
• DA's office will review previous cases where the death penalty has been sought, analyzing what the jury did.

Likely defense stance

Because Daniel was reportedly drinking and on Xanax when the murder happened, many have wondered about a plea of temporary insanity.

It's one that KXAN Legal Analyst Mindy Montford said is not a valid defense, adding that while voluntary intoxication is not a defense to your conduct.

The defense, however, may be able to get into that slightly once a verdict is returned, as a mitigation of conduct -- though still not as a defense to the conduct itself.

The defense may be able to use it to explain -- putting into perspective for the jury -- and in an effort to try to get some sympathy from the jury. Defense attorneys would argue that because of the voluntary intoxication, this is not the way that the suspect normally acts.

In addition, Montford noted that while Daniel does have a criminal history, it does not include any violent offenses. It's likely, then, that the defense will pose to the jury that something went terribly wrong that night -- making sure the jury knows that the person Daniel was on the morning he allegedly shot Padron dead was not the person Daniel typically was.

Background, history and all sorts of other varying information will all play into the trial. Montford added the process would be a long one.

"Even if they do get a conviction, you're going to see this go through the system for many, many years before that family feels that justice has actually been done," said Montford.

Along those same lines, prosecutors will bring up for the jury the legacy Padron left behind, in addition to his two young daughters and family members.

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Related stories:

• Police thank city for tributes
• Sheriffs' group to honor officer's memory
• Walmart workers were Padron's 'angels'

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Status of Daniel's appearances in court

Until the pretrial hearings in this case start going on the record with witness testimony, Daniel likely won't be appearing in court. Other pretrial hearings are mainly for the judge to check in with lawyers to see how the case is progressing.

Meanwhile, the trial date is slated for fall 2013.

Attorneys for Daniel told KXAN News in early August that they are working with the district attorney's office to get the case moving forward.

Witnesses said Padron was shot near the McDonald's store that sits at the front of the building. He was able to radio for other officers after being shot, but when they arrived Padron had died.

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