San Antonio councilman drove fellow council member home before DWI arrest

Councilman Marc Whyte (D10) says he dropped off Councilwoman Melissa Cabello Havrda (D6) before going to final bar of the night

SAN ANTONIO – San Antonio City Councilman Marc Whyte (D10) said he dropped off a fellow council member about two hours before he was arrested for DWI on Dec. 29.

In phone conversations with KSAT on Thursday, Whyte said he had gone to El Mirasol at about 5 p.m. or 5:30 p.m., where there was a group of people, including District 6 Councilwoman Melissa Cabello Havrda. After spending time at the restaurant on Northwest Military Drive and Myron’s Prime Steakhouse next door, Whyte said he drove Cabello Havrda home at about 9:15 or 9:30 pm before heading to the Thirsty Horse Saloon and Dance Hall.

The District 6 councilwoman had been too sick to go to Thirsty Horse, he said, and was not in a position to drive. Whyte has previously said he did not feel intoxicated that night but that “nobody should drive even if they have had just one drink.”

A spokesman for Cabello Havrda had previously confirmed she had been with Whyte “along with a group of people before 9” that evening but had made no mention of a ride home.

Cabello Havrda, who plans to run for mayor in the 2025 election, declined to comment for this story.

READ MORE: Councilman Marc Whyte arrested for alleged DWI, records show

Shortly after 11 p.m., a San Antonio police officer observed Whyte’s vehicle driving 80 mph in a posted 65 mph zone on Northeast Loop 410, according to a blood draw warrant.

While Whyte remained cooperative with the officer during the traffic stop, the warrant states the officer noticed a strong odor of alcohol and glossy red eyes. He told the officer he had had three beers - one at each location.

After field sobriety testing, the officer arrested Whyte, who declined to perform a breathalyzer test.

It was the end of a long day for Whyte, who had landed in Houston that morning after a trip to Australia. When KSAT asked if he was attributing any of the officer’s observations during the traffic stop to jet lag, the councilman said he had “zero excuses.”

“But if you’re asking me had I been traveling for 20 hours? Yes,” Whyte said.

Whyte said District 1 Councilwoman Sukh Kaur had also been at El Mirasol at a neighboring table. In a statement texted to KSAT by her office, Kaur said she “ran into” Whyte “before leaving to host my staff holiday dinner at my home. I’m aware of the allegations but was not in a position to confirm nor deny the claims.”

During Thursday’s conversations, Whyte emphasized that “nobody should blame Councilwoman Kaur or Councilwoman Havrda for anything. It was my decision to drive.”

COUNCIL CONSEQUENCES?

Coincidentally, Whyte’s arrest was almost exactly a year after his predecessor’s arrest for DWI. Former District 10 Councilman Clayton Perry fled a crash he had caused after leaving a bar where he had downed more than 15 drinks in November 2022.

Perry was not arrested until later in relation to the crash, ultimately pleading no contest to DWI and failure to stop and provide information charges as part of a plea deal.

Between his arrests for failure to stop on Nov. 11, 2022, and for DWI on Dec. 28, 2022, Perry’s council colleagues passed a vote of “no confidence” and Mayor Ron Nirenberg stripped him of his committee assignments.

Perry took a “sabbatical” from his position and decided against running for a final two-year term. Before Whyte took the seat in May 2023, former District 10 Councilman Mike Gallagher was appointed as a temporary fill-in.

Gallagher, who is currently the president of the Northeast Neighborhood Alliance, hopes Whyte does not receive the same sanctions as Perry.

“I really believe that it should be discussed by council,” he said. “Everybody should understand what happened, but at the same time realize this was not nearly the same kind of event.”

A City Hall source tells KSAT council members are expected to discuss next steps in an executive session behind closed doors next week.


About the Author
Garrett Brnger headshot

Garrett Brnger is a reporter with KSAT 12.

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