‘No Justice at All’: Austin Officer Who Crashed into Family While Texting Girlfriend Resigns and Walks Away with Only Speeding Tickets
An Austin police officer who was caught on body camera repeatedly texting his girlfriend while speeding to an emergency call before crashing into two vehicles — seriously injuring multiple people — has resigned from the department after reaching a plea agreement that spared him from more serious criminal charges.
Officer Daniel Kessler, a 15-year veteran of the Austin Police Department, pleaded guilty to two Class C speeding offenses connected to the January 2025 crash, paying a total of $1,000 in fines. The resolution came shortly before Kessler resigned from the force, ending a disciplinary process that had not yet concluded.
The plea deal has drawn criticism from the victims, who say they were unaware of the full extent of the body-camera footage until after prosecutors reached an agreement with Kessler.
Texting and Driving
Video obtained by the KVUE Defenders shows Kessler driving with his emergency lights and siren activated while responding to assist officers during a stolen vehicle stop.
Rather than focusing on the road, the footage captures him repeatedly looking down at his cellphone, using both hands to send text messages for nearly two minutes.
At times, he appeared to steer with his knees while holding the phone directly in front of his face. Investigators later learned the messages were being sent to his girlfriend.
Seconds later, Kessler entered the intersection of U.S. 290 and Cameron Road, where his patrol vehicle collided with two cars traveling through a green light.
The impact left one victim hospitalized with a broken kneecap, glass embedded in his forehead and face, and 27 stitches. Another victim suffered a torn meniscus along with hip and back injuries that continue to require treatment.
Kessler was not seriously injured and, according to the footage, placed his cellphone into his pocket after climbing from the wrecked patrol vehicle.
A Lasting Impact
Among those injured was Tonie Reese, who had been traveling with her husband and three daughters after a medical appointment and grocery trip.
“I heard a bang, I heard my kids screaming, and I felt pain in several places in my body, just sheer pain,” Reese recalled.
Her husband, Justin Reese, said his first concern was making sure their children had survived.
“I’ve been through cancer three times, and an infection that almost took me out, and this was more scary,” he said.
Another victim, Jacob Mancha, spent about a week in the hospital after suffering a broken kneecap and severe facial injuries.
“I don’t know if it was from the impact from the windows, from the airbags,” Mancha said of the glass fragments left embedded in his forehead.
The victims said they later met with Travis County District Attorney José Garza believing the evidence would result in more significant criminal charges. Instead, they learned Kessler would resolve the case by pleading guilty to speeding violations.
“The first thing he told me is that ‘I am here for you,’” Reese said of Garza. “He was not there for me because there was no justice at all.”
‘Walking Away Without Consequences’
Garza defended his office’s handling of the case, saying prosecutors communicated with the victims throughout the process, as reported by the Austin American-Statesman.
“We were in communication with the victims of this case during every phase, including deciding which misdemeanor charge the officer was going to plead guilty to,” Garza said in a statement. “We hope this resolution brings the victims some modicum of justice.”
Kessler, through his attorney, said he “deeply regrets this unfortunate accident and is relieved to have the criminal accusations resolved.”
Scott DeShazo, an attorney representing the Reese family, questioned why texting while driving was not central to the criminal case after reviewing the footage.
“After seeing the video, how a texting and driving charge is not squarely in the middle of that, I can’t express why that would be,” DeShazo said. “The video is very clear what was happening when the impact occurred.”
Legal experts interviewed by the Statesman differed on whether prosecutors could have pursued felony charges. Fort Worth defense attorney and former prosecutor Benson Varghese argued the evidence could have supported significantly more serious offenses.
“A case that involves serious bodily injury resulting in just fines is so light an outcome I would not even consider it a slap on the wrist,” Varghese said. “It is basically walking away without consequences.”
Former prosecutor and Baylor University law professor Richard Alpert, however, said obtaining a felony conviction may have been difficult because prosecutors would have needed to prove Kessler’s actions met the legal definition of criminal recklessness.
“In no way am I saying I like what the officer did [or] that he should ever be behind the wheel of a police car,” Alpert said. “But is there anything I as a prosecutor can do about that? Probably not.”
Far From Over
The Reese family and Mancha are now pursuing civil claims against the city of Austin, although Texas law limits how much they can recover from municipalities.
Their attorney said those statutory caps leave victims with fewer options than they would have had if the same crash had been caused by a private citizen.
More than a year after the collision, the victims say they continue to deal with lasting physical and emotional effects.
Mancha remains in treatment for post-traumatic stress disorder, while Reese continues physical therapy for injuries to her knee, hip and back.
“The pain is intense daily, it is one or the other, the knee, or hip or back hurting,” Reese said. “It is just constant pain.”