SAN ANTONIO – Arbitration began Tuesday for a fired San Antonio police officer accused of injuring a suspect and using profane language during the man’s arrest nearly four years ago.
Andre Vargas was terminated in June 2020 after SAPD internal affairs investigators determined he violated department rules covering conduct and behavior, treatment of prisoners and use of force.
His arbitration hearing, which is expected to last three days, got underway Tuesday morning at a downtown room belonging to the city attorney’s office.
Attorneys for Vargas and the city squabbled for much of the morning over whether city officials should have to hand over a stun gun training guide.
Vargas’ attorney, Ben Sifuentes, also accused the city of providing incomplete audit trails of body-worn camera footage, at one point stating that SAPD has a history of hiding body camera footage it does not want getting out to the public.
After fielding multiple objections from assistant city attorneys, arbitrator Lori LaConta requested that the city hand over the stun gun training paperwork.
‘Get the f--- out of the car!’
Vargas was among a group of SAPD officers who responded to a parking lot near Commercial Ave. and Grosvenor Blvd. on Nov. 26, 2019, for reports of a man trying to take a child from a woman.
Vargas, according to dash camera and body camera videos, was able to block suspect Matthew Garza’s vehicle as he attempted to leave the scene.
Vargas is heard on his own body camera calling Garza a “f---ing idiot” before driving after the suspect.
Vargas, in the footage that had not been shown publicly before, is then heard repeatedly yelling at Garza to “get the f--- out of the car!”
Vargas, throughout the footage, repeatedly cursed at Garza and insulted him, criticizing the suspect for attempting to leave the scene.
Sifuentes argued that Garza delayed getting out of the vehicle and took an aggressive stance, with his hands out to his sides, before Vargas used his stun gun to subdue Garza.
Garza was later charged with evading arrest with a vehicle.
He filed a formal complaint with SAPD against Vargas and a second officer, Michael Brewer, in late January 2020.
Garza was given deferred adjudication and sentenced to two years probation in the criminal case in late January 2022.
Garza was released from probation in early March, long before his community supervision was scheduled to expire, Bexar County court records show.
SAPD Sgt. James Sendejo testified Tuesday afternoon that Garza complained Vargas injured his arm after the officer lifted him off the ground while he was handcuffed.
Sendejo confirmed he investigated Vargas for mistreatment of a prisoner and for using profane language throughout Garza’s arrest.
Sifuentes challenged Sendejo’s investigation and the steps taken by SAPD to get Garza to come in and give a formal statement.
Sifuentes described police as responding to a situation that night for someone “acting all crazy” during a heated custody dispute.
Sifuentes said domestic incidents are among the most dangerous circumstances police officers face.
Sifuentes pointed out that this was Sendejo’s first internal affairs investigation and that he had failed to get Garza to sign a HIPAA release form.
Sifuentes then demonstrated several maneuvers used by Vargas during the arrest and replayed footage of the incident in an effort to get Sendejo to concede that many of Vargas’ actions that night were justified.
Sifuentes was able to continue the line of questioning, in which Sendejo repeatedly agreed that some of Vargas’ actions were justified, despite several objections from the city.
Attorneys for the city on Tuesday said Vargas resorted to “street justice” when dealing with Garza, instead of following the department’s use of force policies properly.
Craig Miller, a use of force expert brought in by the city, testified late Tuesday afternoon that Garza was not aggressive and complied with Vargas’ commands.
Miller said Vargas’ decision to use his stun gun on Garza shortly after getting out of the vehicle was not in compliance with department policy.
“I didn’t see anything that would have warranted him being tased as he was,” testified Miller.
Brewer was also fired for his actions during the November 2019 incident and was later criminally charged after investigators determined he kneeled on Garza’s neck during the arrest.
Brewer was indicted by a grand jury for unlawful restraint last year, but he was able to get the criminal charge dismissed last month.
He has also requested a hearing before a third-party arbitrator at a future date in hopes of being reinstated to SAPD.
Brewer’s role in the arrest of Garza was a thorny subject, as Sifuentes repeatedly argued that the criminal case against Brewer has now been expunged and cannot be discussed during Vargas’ hearing.
LaConta allowed the city to discuss Brewer’s role in the arrest.