Ex-San Antonio officers acquitted in on-duty shooting of woman in 2023

SAN ANTONIO, Texas (CN) — A Bexar County jury on Monday deliberated for less than two hours before returning not guilty verdicts for three former San Antonio police officers in connection to the fatal shooting of 46-year-old Melissa Perez, ending a case that marked the first time in city history that law enforcement officers stood trial for an on-duty killing.

In June 2023, the officers fired 16 rounds at Perez — who prosecutors said was experiencing a mental health episode at the time — two of which struck and killed her.

Inside a standing-room-only courtroom Monday afternoon, Eliazar Alejandro, who was charged with murder, aggravated assault and deadly conduct, appeared overcome when he learned the jury’s verdict, closing his eyes tightly and lowering his head as he fought back tears.

Alfred Flores, an ex-sergeant, faced the same charges, while Nathaniel Villalobos, whose rounds did not strike Perez, faced only aggravated assault and deadly conduct charges. All three had faced potential life in prison if found guilty.

After court was adjourned, the former officers hugged relatives, defense attorneys and friends. State District Judge Ron Rangel told defense attorneys they have 30 days to file expungement paperwork to remove the charges from their clients’ records.

The verdict caps a closely watched trial that defense attorneys argued in closing arguments Monday morning should never have been brought.

“This is clearly a political prosecution,” defense attorney Mario Del Prado said during his closing statements. “This is an abomination that should never have gone forward, and people should be held responsible, not just these men, but their superiors."

Prosecutor Daryl Harris, meanwhile, had maintained that the officers’ use of deadly force against Perez was unreasonable and violated department policy.

He asked during closing arguments: “Did you see — I believe the quote was a ‘goal-oriented assailant’ — a hardened, rugged roofer who used her tool and weapon of choice, a hammer? Or was it a citizen that needed her government to listen and help her?”

The case began inside apartment 3102 just after midnight on June 23, 2023, where Perez, a mother of four, lived with her dog and an older homeless man she had been helping. Police were initially dispatched after Perez cut her apartment complex’s fire alarm wires, believing the FBI was monitoring her.

Body-camera footage shown to jurors at trial depicted Perez yelling at officers from her first-floor window, demanding a warrant. Prosecutors say she was in the midst of a mental health crisis when the fatal encounter occurred, and that the officers’ actions were not justified given “the totality of the circumstances.”

Witnesses testified that the situation escalated when Perez reportedly threw a glass candle at an officer and later emerged from her apartment wielding a hammer.

Thom Nisbet, another defense attorney and former prosecutor, criticized the investigation, saying the lead detective did a “terrible job investigating” the case.

“I never would’ve let this case out of my office,” Nisbet said Monday.

Over 20 days of testimony, the state called no expert witnesses, while the defense brought six, including former San Antonio police detectives and training officers who testified that the defendants’ actions were consistent with standard procedure when facing a perceived deadly threat.

In his final appeal to the panel, Del Prado said, “The injustice is so overwhelming in this case.”

“Frankly, it’s disgusting that you all are being asked to put yourselves in a position to convict not just one innocent man, but two or three?” he added. “These men would not have used deadly force unless they had to.”

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