The dispute over the reinstatement of a former San Antonio police officer fired for alleged excessive force moved back into the spotlight as arbitration proceedings picked up this week after a six-month hiatus due to attorney scheduling conflicts, as reported by KSAT. Officer Andre Vargas is fighting to get his job back following a controversial 2019 arrest.
Vargas was dismissed from the San Antonio Police Department (SAPD) in 2020 after internal affairs concluded he violated multiple departmental rules during the apprehension of suspect Matthew Garza, who was charged with evading arrest with a vehicle. Vargas and his partner, Officer Michael Brewer, were responding to a situation involving a reported child custody dispute, and during the process, heated exchanges and a forceful arrest were captured on body camera footage, which showed Vargas using profane language and aggressive tactics.
A retired SAPD supervisor, however, defended Vargas’ use of force during the arbitration hearing, claiming the use of a Taser and the physical handling of Garza were within SAPD protocols, as per the KSAT investigation. Following the incident back in 2019, Police Chief William McManus sought an FBI review of the case for potential civil rights violations.
Brewer, who was also implicated in the incident and originally faced criminal charges that were later dismissed, is accused of using a knee restraint on the suspect after he was no longer resisting, according to the San Antonio Express-News. Vargas was never criminally charged, but SAPD's disciplinary records criticize his action of lifting Garza by his handcuffed wrists off the ground as causing unnecessary pain, shortly after the banned use of chokeholds and neck restraints except in life-threatening situations was reaffirmed by SAPD.
Deliberations are expected to take a couple of days, with the arbitrator's decision projected to come no sooner than 2024.
