At a Glance
- Gov. Greg Abbott proposes a Chief State Prosecutor to override local DAs.
- The proposal cites Michael Nnaji, who has 34 cases (Austin Justice) or 37 cases (Court Viewer) and a two-year sentence.
- Elon Musk supports the legislation.
- Why it matters: It could shift prosecutorial power in Texas and spark debate over local versus state control.
Gov. Greg Abbott has unveiled a plan to create a Chief State Prosecutor that would allow the governor to override decisions made by local district attorneys. The proposal hinges on the high-profile case of Michael Nnaji, a homeless man accused of a terroristic threat, and has already drawn support from tech billionaire Elon Musk.
Abbott’s Chief State Prosecutor Proposal
Abbott first floated the idea on Dec. 22 by quoting an @AustinJustice post about Michael Nnaji. The post claimed Nnaji had 34 cases since 2019 and had skipped court in his terroristic threat case. Abbott wrote on X that a new prosecutor would “actually prosecute criminals like this that DAs in places like Austin refuse to prosecute.”
Gov. Greg Abbott wrote:
> “I am calling for legislation that creates a Chief State Prosecutor to actually prosecute criminals like this that DAs in places like Austin refuse to prosecute,” Abbott wrote. “Progressive DAs are literally leading to the murder of Texans. Those DAs must be held accountable and prosecutorial power must be shifted to actual prosecutors.”
| Source | Cases |
|---|---|
| Austin Justice post | 34 |
| Travis County Court Viewer | 37 |
Local Legal Reactions
The Travis County District Attorney’s Office (TCDA) defended its record, noting Nnaji’s two-year sentence for aggravated assault. A spokesperson in José Garza’s office said the TCDA has worked with victims and law enforcement to keep the county safe. The Travis County Attorney’s Office (TCAO), led by County Attorney Delia Garza, offered suggestions for a new prosecutor.
- Understand criminal prosecution nuances and due process rights
- Address the severe mental health crisis
- Champion common-sense gun restrictions and invest in mental health services
Travis County Attorney’s Office said:
> “We would hope any prosecutor Abbott hires understands the important nuances of criminal prosecution, due process rights, and the severe mental health crisis happening right now,” TCAO said. “And if he really cared about public safety, he would champion common-sense gun restrictions as well as make real investments in mental health services. That would be a great and effective start.”
Travis County District Attorney’s Office said:
> “Over the last 5 years, the Travis County District Attorney’s Office has worked with victims, law enforcement, and the community to ensure that this is one of the safest counties in the state,” a spokesperson in José Garza’s office said in a statement. “During this holiday season, our office is focused on addressing the root cause of crime in our community and will leave politics to the governor.”
Elon Musk said:
> “This is critical legislation!” Musk said in a post on Saturday.
News Of Austin reached out to the @AustinJustice account and to Jill Gately, Nnaji’s attorney, for comment, but has not yet received a response.
Key Takeaways
- Gov. Abbott is proposing a Chief State Prosecutor to override local DAs.
- The proposal is driven by the high-profile case of Michael Nnaji, who has 34 or 37 cases and a two-year sentence.
- Local legal offices defend their record and suggest a prosecutor who balances due process with public safety; Elon Musk supports the move.
The debate over the Chief State Prosecutor underscores a broader clash between state and local control of criminal justice in Texas.
