The Bexar County Civil Rights Division has faced scrutiny after three officers were taken to court, with all cases ending in mistrials, as reported by KENS 5. The San Antonio Police Officers’ Association (SAPOA) is questioning the legitimacy of these cases, and the treatment of former police officers in the courtroom, putting pressure on the Bexar County District Attorney’s Office for better conduct in their handling of such sensitive matters.
Created in early 2021, the division's role is to handle officer-involved shootings and allegations of excessive force among law enforcement, uncompromising in their duty, the division has reviewed over 115 cases and yet only five moved forward for indictment; two of which, involving former SAPD Officers Carlos Castro and Thomas Villarreal, and another against Officer Oscar Cruz Jr., culminated in mistrials due to violation of Brady evidence rules, "Why are you not disclosing all the evidence at discovery? That's discovery 101," SAPOA President Danny Diaz asked, suggesting potential impropriety in the mishandling of evidence by the prosecutors, as reported by KENS5.
In the case of Castro and Villarreal, accused of aggravated assault by a public servant in September of 2023, a mistrial was declared when prosecutors failed to disclose to the defense that their witness, an SAPD police academy trainer, didn't believe Villarreal used excessive force. The Bexar County District Attorney later reduced charges against Castro and dropped the case against Villareal entirely. Meanwhile, Cruz's trial for deadly conduct ended abruptly on January 17 after the defense was informed too late about the victims’ concurrent felony cases within the office, a statement obtained by KENS 5 showed.
Nico LaHood, who represented Cruz Jr., emphasized the gravity of the situation by stating, "That's 'Brady information' that should have been disclosed to us long before trial started, and so the judge had no choice but to grant a mistrial," the former District Attorney told KENS 5. The District Attorney, Joe Gonzales, responding to the allegations of incompetence or intentional errors, pushed back, alluding to the complexities of handling such cases and the challenges posed by the involvement of information from the county's juvenile system, yet acknowledging the necessity for improvement.
In response to the recent criticism, Gonzales indicated possible expansion within the Civil Rights Division, understanding the need for adequate staffing to support its functions. At the same time, the police union argues that the errors made in these high-stakes trials not only impinge upon constitutional rights but also impact officers' lives and families. “These ongoing mistrials demonstrate that officer-involved cases are being treated much differently than others, this not only violates their constitutional rights but impacts their livelihoods; Everyone is entitled to a fair trial and due process,” SAPOA President Danny Diaz told KSAT. The District Attorney Joe Gonzales responded by affirming their commitment to justice and to providing a fair trial to all, stating, “When, for whatever reason, that does not happen, we will disclose the error,” he told KSAT.
