A lawsuit has ignited following the arrest of a 32-year-old man, Derek Arredondo, who nearly burned alive when Hays County SWAT attempted to take him into custody; he was found unconscious in his car with narcotics and a weapon in San Marcos on March 31, 2020, according to KXAN.
Police deemed the presence of a visible handgun in the vehicle a "high-risk apprehension" due to Arredondo's documented gang affiliation and criminal background, even though officers at the scene expressed apprehension about the eventual outcome, controversy surrounds their handling of the situation as Arredondo's car caught fire when SWAT deployed diversionary devices, causing significant injuries.
Arredondo, who is now back in prison serving time for unlawful possession of a firearm by a felon until 2027, was initially the subject of a welfare check, not a crime before the emergency response escalated after police identified him as a "documented" gang member with an extensive criminal history, as per the FOX7 Austin report.
The civil rights lawsuit against Hays County and the City of San Marcos filed by Arredondo alleges false evidence and obstruction of justice, noted KXAN, though a federal judge recently deemed the use of the gas and flash-bang grenades reasonable based on the threat assessment, the malfunctions that caused the fire were beyond the control of the arresting officers, the resulting confrontation and Arredondo's burnt and dragged body across the pavement, incites serious questions about the consequences of hyper-vigilance in law enforcement.
U.A. Lewis, Arredondo's attorney in his lawsuit, emphasized his client was trying to turn his life around at the time of the incident, but described the police operation as shockingly inappropriate, stating, "TThis is just mind blowing – how somebody that’s supposed to be trained, somebody is supposed to be supervising people and supposed to be decision maker, would come to this final conclusion, that this was OK to do," in an interview with KXAN; the City of San Marcos and Hays County Sheriff’s Office declined to comment due to ongoing litigation.
