Disputed actions and a fight for reinstatement have set the scene for former San Antonio Police Officer Andre Vargas, who, after being fired for alleged excessive force and profane language during an arrest, testified that he would repeat his actions to prevent harm. This public declaration surfaced during an arbitration hearing, as reported by the Express-News.
Vargas was terminated following the November 2019 arrest of suspect Matthew Garza, who was accused of trying to take a child from a woman. According to body camera footage, Vargas deployed his stun gun on Garza and later lifted the handcuffed suspect off the ground by his arm—a technique he says he was taught at the academy. The internal affairs investigation, however, concluded his use of the Taser "far exceeded the reasonable force necessary." Yet Vargas maintained, in testimony obtained by Express-News, "We both walked away unscathed."
The KSAT further detailed the contentious back-and-forth during the arbitration hearing, where Vargas' attorney contested the handling of evidence and the investigation, while the city's counsel condemned Vargas' approach as "street justice." Vargas' attorney, Ben Sifuentes, also challenged the veracity and completeness of the body camera footage provided by SAPD—a point of particular contention.
Amid the legal wrangling, Garza himself received deferred adjudication and a sentence of two years of probation, which he completed in early March. Assistant City Attorney brought in expert witness Craig Miller, who testified that Garza was not aggressive and complied with commands, and that Vargas' use of the stun gun shortly after Garza exited his vehicle was not aligned with department policy. This contrasts with Vargas' assertion, as he told Express-News, "It sounds like they’re having a tug-of-war match over a child, and that's a potential kidnapping."
These events have culminated in a polarizing case, with the arbitration hearings resuming after being delayed. Vargas' former partner, officer Michael Brewer, was also dismissed and charged criminally in connection with the incident but he had his case dismissed and sought his own arbitration. The city discussed Brewer's role, despite Sifuentes' protests, as allowed by arbitrator Lori LaConta. With a decision expected in the coming months, Vargas' potential return to the force hangs in the balance.
