Officer Andre Vargas of the San Antonio Police Department, who was fired for the use of force during an arrest in November 2019, has been reinstated. An arbitrator concluded that Police Chief William McManus did not have a full understanding of all the facts when he made the decision to fire Vargas. According to an Express-News report, arbitrator Lori LaConta determined that McManus's decision was "excessive and unreasonable," leading to Vargas's indefinite suspension being reduced to a five-day suspension.
In her ruling, LaConta noted that McManus's decision appeared to overlook key details of the scenario that unfolded on the South Side of San Antonio. On the evening of the incident, Officer Vargas responded to a call involving a man, later identified as Matthew Garza, who was arguing with a woman over the custody of their child. The situation escalated to a car chase, during which Vargas deployed his Taser after believing Garza was trying to flee with the woman and child in his vehicle. "I was very concerned where the woman and child might be," Vargas was quoted saying in a statement obtained by the Express-News.
Following the proceedings, the arbitrator's decision also mandates that San Antonio will owe Vargas approximately $259,000 in back pay, based on his nearly $64,700 salary in the fiscal year 2020. The case was complicated by Vargas' and his partner Officer Matthew Brewer's interactions with Garza, including the use of a taser and forcible handcuffing. Garza later filed a formal complaint against the officers, though he'd asked to apologize to Vargas shortly after the arrest, as per the details provided by the KSAT interview.
The arbitration highlighted discrepancies in the police chief's knowledge of the case, particularly his unfamiliarity with Vargas's pursuit of Garza around the Family Dollar store parking lot with police lights engaged. LaConta emphasized that Chief McManus may not have had an opportunity to fully grasp what had transpired before Vargas used his Taser. "Chief McManus may not have had an opportunity to fully grasp what had transpired before Vargas used his taser on Garza," LaConta wrote in the ruling as reported by KSAT.
As for the other officer involved, Matthew Brewer, who was indicted for unlawful restraint but had the charges dismissed, is set to have his reinstatement case heard by a third-party arbitrator in early 2025. San Antonio officials have not provided comments on Vargas' reinstatement following the arbitrator's decision. Officer Vargas, now restored to his position, is to receive full back pay and benefits as part of the reinstatement, with the expectation to continue his role in the force.
