SAN ANTONIO – The attorney for a San Antonio Police officer who shot an unarmed man in February says Chief William McManus committed a felony by taking photos at the scene that weren't logged as evidence.
Ben Sifuentes Jr. said his client, officer John Lee, put in a complaint against McManus Friday morning. The point of the complaint was an alleged concealment of evidence, Sifuentes said.
Lee pulled over Antronie Scott on Feb. 4 because he had two felony warrants for his arrest. According to McManus, Lee thought Scott had a gun and shot him.
Police later learned Scott had a cellphone in his hand.
Now it's McManus's cellphone and the pictures on it that are the question.
"He's been running around with evidence that hasn't been put in the property room for over a month," Sifuentes said.
Sifuentes said he received 10 to 12 calls from people who said McManus was showing officers pictures from the scene on his phone Thursday. The chief was explaining why Lee was issued a "contemplated indefinite suspension."
Sifuentes said McManus told officers "that he took them and that he based his decision based upon those photographs that he took."
But the attorney said McManus's photos aren't logged as evidence, and his client never got to see them.
"If you conceal evidence from an official proceeding, that's an offense," Sifuentes said.
It's a third-degree felony, in fact. Department policy requires officers to report other department members if they commit a crime.
Sifuentes did not provide a copy of the complaint, but said Lee gave it to a "high-ranking official" with the SAPD Friday morning.
When reached for comment on the complaint, SAPD Spokesman Sgt. Jesse Salame wrote, "A complaint has been received and it is being reviewed." Salame would not say if the complaint matched what Sifuentes told KSAT 12.