Name: FBI reviewing actions of four San Antonio police officers fired after accusations of excessive use of force
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FBI reviewing actions of four San Antonio police officers fired after accusations of excessive use of force

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This is a carousel. Use Next and Previous buttons to navigateThe FBI’s San Antonio Field Office is reviewing the actions of four San Antonio police officers for possible civil rights infractions at the request of the police chief, weeks after the officers were fired for excessive use of force.If the FBI determines that the officers “willfully” violated the civil rights of suspects while acting under their official governmental authority, the four men could face criminal charges in federal court, though such charges are extremely rare.“Excessive use of force will not be tolerated within this department,” Police Chief William McManus said in a statement Thursday, explaining his decision to seek a federal inquiry.More for you“The actions that these four officers showed on two separate incidents are indefensible and do not align with our use-of-force policy, de-escalation tactics and our guiding principles.”Lt. Jesse Salame, a police spokesman, said detectives with the department’s Integrity Unit are simultaneously conducting a criminal investigation into the officers’ actions that will be filed with the Bexar County district attorney’s office for review and possible prosecution.He said the officers could face criminal charges in state court, such as official misconduct or official oppression.The police officers — all of whom had been with the department for less than four years — were indefinitely suspended, which is tantamount to firing, in June and July in connection with two incidents.The firings came weeks after the killing of George Floyd, an unarmed Black man, while he was handcuffed and in police custody in Minneapolis. Public reaction to a video of an officer kneeling on Floyd’s neck, pinning him to the ground, set off mass protests and calls for police departments to be held accountable for officers’ abuse of power.San Antonio Mayor Ron Nirenberg, during a briefing Wednesday on COVID-19, said he hopes the firings of the four officers will stand.“If excessive force was used, we hope the firings will stick,” Nirenberg said. “That’s been a challenge. The chief has had muted executive authority to get rid of bad officers.”On ExpressNews.com:In the first incident, on Nov. 26, Officers Michael A. Brewer and Andre N. Vargas are accused of using excessive force while arresting Matthew Garza, 30, on suspicion of evading arrest with a vehicle, a felony.Police were originally called to a parking lot near Commercial and Grosvenor after a woman notified police that she saw Garza arguing with a woman over their child.After Brewer and Vargas arrived, they said, Garza got in his vehicle and started to accelerate, leading officers to believe that he was going to leave.One of the officers blocked Garza with his car and drew his firearm, ordering Garza out of the vehicle. The officers said Garza approached them and “did not comply with orders.”At that point, Vargas fired at Garza using a Taser, leaving Garza feeling like he needed to catch his breath, according to a police report.After a brief struggle, the officers detained Garza and placed him in handcuffs — at which point Brewer placed his left knee on Garza’s head and neck, according to police.In suspension records released this week, McManus said such a maneuver was not necessary because Garza was no longer resisting. While officers are allowed to use similar maneuvers, including chokeholds and neck restraints, when their lives are in danger, officers have not been trained in the two techniques for at least 20 years.On ExpressNews.com:The department also alleged in the suspension records that Vargas’ use of the Taser “far exceeded the reasonable force necessary to accomplish the arrest.” It said Vargas lifted Garza, while handcuffed, off the ground by his arms, “causing him unnecessary and unwanted pain.” Vargas also used profane and offensive language during the arrest.Garza filed a complaint about the officers through the department’s Internal Affairs Unit.In a separate incident, on Jan. 16, Officers Thomas H. Villarreal and Carlos M. Castro of using excessive force after a traffic stop, according to police. The driver, Eric Wilson, allegedly didn’t obey a command to stop, walked into his house and locked the door.The two officers tried to kick in the door to force their way in, but Wilson allegedly began to push back against it, not allowing the officers to fully enter.At the time, they did not have verbal consent, a search warrant or a compelling reason to enter the house, the department alleges, a violation of police procedures.At one point, Villarreal attempted to use his Taser on Wilson, but he was unable to attach the probes to Wilson’s clothing or skin.Once the officers pushed the door open, they tackled Wilson. In their report, Villarreal and Castro said Wilson continued to resist arrest, at which point they began to punch him in the back and the torso with their fists.Afterward, Villarreal’s hand was bruised and Castro had a minor abrasion to his forehead, according to a police report.Villarreal and Castro reported that they found about 7 grams of ecstasy and 31 grams of marijuana in Wilson’s possession. They arrested him on suspicion of possession of a controlled substance and evading arrest-second offense, both felonies, and possession of marijuana and resisting arrest, misdemeanors.The beating left Wilson with severe injuries, according to the department. In his mugshot, Wilson’s eyes appear to be red, swollen and bruised.Wilson, 49, who served nine years in prison after he was convicted of murder in the early 1990s, is awaiting trial on the two felonies. It appears as if the misdemeanor charges were dropped.All four officers have denied the allegations and are appealing their firings through the arbitration process outlined in the city’s contract with the police union.Villarreal and Castro said in their appeals that the punishment is excessive, given the circumstances.While McManus is known among rank-and-file officers as a strict disciplinarian, it is still uncommon for him to suspend or fire an officer for excessive use of force.In the wake of Floyd’s death, hundreds of activists and residents in San Antonio have called on city and county officials to institute police reforms.— from a push for enhanced training to a full-fledged campaign to repeal local laws that give officers the right to collectively bargain over wages, working conditions and disciplinary actions.Critics of those laws, including McManus and other city officials, say they explain why a high percentage of San Antonio Police Department officers fired for misconduct could regain their jobs through arbitration.In the past decade, independent arbitrators have returned 10 fired officers to the force, reversing McManus’ judgment in about 14 percent of 71 terminations, city records show. Under the threat of arbitration, McManus himself allowed 20 officers to return to the force, which amounts to roughly 28 percent of terminations.In the past decade, McManus has fired officers for excessive use of force only a few times — if that.Elizabeth Montoya was fired from SAPD in 2019 after the chief said she used excessive force by striking a suspect who was six months’ pregnant. Montoya appealed the firing and is awaiting a hearing before an independent arbitrator.In 2012, Michael Garza, while on duty as an undercover officer in the gang unit, was driving his girlfriend home from a bar after drinking alcohol. The woman’s ex-boyfriend shot at them, and Garza chased him down. According to police, Garza followed the man to his Northwest Side home, where he fatally shot the father of four in the back as he tried to run inside.On ExpressNews.com:McManus fired Garza and personally filed a murder charge against him, indicating that he thought the shooting was excessive. Technically, Garza was fired for not being truthful and failing to follow department rules — not excessive use of force.A Bexar County grand jury declined to indict Garza in 2015 on a criminal charge. He appealed his firing to an arbitrator, who reduced the penalty to a 15-day suspension. Garza is back at the department, where he remains on desk duty.In a similar situation, Officer Matthew Belver after the chief accused him of removing handcuffs from suspects and challenging them to fight.The first time, McManus later agreed to reinstate Belver if he completed additional training. When McManus tried to fire him again in 2016, an arbitrator reduced Belver’s discipline to a 45-day suspension, citing the officer’s promise to “avoid any similar conduct in the future.”Belver is back on patrol, but a partner always must accompany him.Emilie Eaton is a criminal justice reporter in the San Antonio and Bexar County area. To read more from Emilie, . | Twitter:

This is a carousel. Use Next and Previous buttons to navigateThe FBI’s San Antonio Field Office is reviewing the actions of four San Antonio police officers for possible civil rights infractions at the request of the police chief, weeks after the officers were fired for excessive use of force.If the FBI determines that the officers “willfully” violated the civil rights of suspects while acting under their official governmental authority, the four men could face criminal charges in federal court, though such charges are extremely rare.“Excessive use of force will not be tolerated within this...

FBI reviewing actions of four San Antonio police officers fired after accusations of excessive use of force

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