SAN ANTONIO – A judge declared a mistrial Wednesday in the deadly conduct trial of a former San Antonio police officer accused of firing shots at two teens who were running away from him.
The mistrial was declared in Oscar Cruz Jr.’s case just as the trial was supposed to start in the 399th District Court.
An attorney for Cruz told KSAT Wednesday morning prosecutors failed to timely disclose material or evidence that would have been beneficial to the defense’s case. It’s known as Brady material, and it’s the same reason that a mistrial was declared last year for two San Antonio police officers charged with aggravated assault for allegedly beating a man who walked into a home after they tried to pull him over.
A spokeswoman for the Bexar County District Attorney’s Office released the following statement Wednesday afternoon:
“The Bexar County Criminal District Attorney’s Office takes seriously its responsibility to disclose all required information to a defendant and to defendant’s counsel. This morning, it was discovered the Civil Rights Division of the DA’s office had not been made aware of certain additional information in the possession of the Juvenile Division. Thus, the information had not been appropriately disclosed to opposing counsel. Within approximately 30 minutes of the discovery of this additional information, the lead prosecutor in the case provided this information both to opposing counsel and to the court. A mistrial was subsequently declared and the case will be rescheduled for trial at a later date. A review of the internal disclosure process is now underway to determine the underlying cause of the error. All relevant procedures will be reevaluated and a stronger process put in place to ensure similar issues are avoided in the future.”
“Our ultimate goal is to seek justice. It is critical that our office give opposing counsel all information they are entitled to. When, for whatever reason, that does not happen, we will disclose the error. Our disclosure means that this defendant or any defendant is always assured of a fair trial. That’s what justice requires,” Bexar County District Attorney Joe Gonzales said in a written statement Wednesday afternoon.
The unrelated incident for which Cruz was charged occurred on March 9, 2020, when Cruz was called to the 9500 block of Five Forks for a report of two teens pulling on vehicle door handles.
In 2020, KSAT filed an open records request to get information about the case.
The documents stated that Cruz tried detaining one of the juveniles who ran away from him. During the chase, Cruz pulled out his service weapon, according to the document.
During the chase, a second juvenile threw an object, striking the officer in the face and head, according to the records.
“Officer Cruz fired two rounds at the direction of the suspects as they fled the scene,” according to the records, which violated the department’s use-of-force procedure.
The incident was captured on Cruz’s bodycam, according to the disciplinary record. During the incident, Cruz could be heard telling the juveniles “stop running or I will f—ing shoot you.”
Cruz received an indefinite suspension, tantamount to firing.
He was arrested nearly two years after the incident and charged with the felony deadly conduct-firearm.
Cruz was also cited for using the muzzle of his gun as a signal to direct the responding officer.
“Officer Cruz failed to use sound judgment when he continued to point the firearm in the direction of the arriving officer.”
Records show Cruz was previously suspended at least once during his time with the San Antonio Police Department. In 2018, he was suspended for three days after striking a pedestrian with his patrol car.