SAN ANTONIO – One year ago, Thomas Villarreal was fighting in court to avoid a potential lifetime sentence in prison.
On Tuesday, he began fighting to regain his job as a San Antonio Police officer, something Chief William McManus opposes.
Villarreal and another former SAPD officer, Carlos Castro, were fired and charged with aggravated assault by a public servant over a January 2020 incident. The pair kicked in a door and repeatedly punched a man, Eric Wilson, who had walked away from an attempted traffic stop, police said.
The charge carries a sentence of up to life in prison.
However, their trial in October 2023 resulted in a mistrial after their attorneys learned three expert witnesses for the state had stated during pretrial interviews that the officers were constitutionally justified in arresting Wilson and were justified in entering Wilson’s residence and searching his car.
Prosecutors eventually dismissed the charges against both men. However, the indefinite suspensions handed down by McManus — tantamount to firings — remain in effect.
Castro’s arbitration appeal is still pending, but an arbitration hearing for Villarreal’s appeal began Tuesday.
Villarreal was fired for violating department regulations governing warrantless searches and the use of force. Though the criminal case against him was dropped, city attorneys said Villarreal should not return to work.
“The citizens of San Antonio deserve to be protected by the police, not have their door beaten down and their faces bashed in over a traffic stop,” said the city’s outside counsel, Donna McElroy.
Villarreal’s attorney, Karl Brehm, argued the former officer’s actions were justified and said his client was being scapegoated.
“What we have here, Mr. Pena, is a case of— I’ll be quite honest —politics at play,” Brehm told hearing examiner Diego Pena during his opening statement.
‘Show me your f***ing hands’
On the night of Jan. 16, 2020, SAPD said officers pulled over a car traveling 48 mph on North Walters Street, where the speed limit is 35 mph. The car also failed to signal prior to turning onto Lamar Street, police said.
Officers activated their emergency lights and approached the car, which had pulled into a driveway on Lamar Street.
Wilson, who was driving the car, got out of the vehicle and walked away from officers, who noted that the vehicle was emitting a strong odor of marijuana, according to the police report. Testimony during Tuesday’s hearing indicated the smell of marijuana may not have been noted until afterward.
Police body cam video that played in court during the trial showed Wilson walking away from his car into the front door of his home on Lamar Street as at least one officer drew his gun and shouted for him to stop and show his hands.
The video then shows Villarreal and Castro trying to force their way in by kicking the door and lodging a chair into it once it partially opens. Villarreal also tries unsuccessfully to use his Taser.
As police yell for Wilson to put his hands up, he can be heard saying through the door that the officers don’t have a warrant.
Once they get through, the bodycam video shows Wilson being taken to the ground and officers landing numerous blows while shouting, “Show me your f****** hands!”
McElroy said Wilson ended up in the hospital for three days with a broken nose and broken orbital bone. His mugshot shows injuries around both of his eyes.
Both Villarreal and Castro had Wilson’s blood on their bodies, according to the police report. Villarreal sustained a bruised hand from the incident.
Wilson has a lengthy criminal record that includes a conviction for murder. He was on federal supervised release and was later found to have drugs in his car.
However, the city argues the only thing the officers had against him at the time was a possible traffic violation and evading officers on foot.
The narcotics and evading arrest charges against Wilson from that night were later dismissed.
‘Legally justified’
Chief McManus said Villarreal had violated both department policy and constitutional protections against warrantless searches and seizures. He also said Villarreal and Castro “used excessive force, in my opinion.”
A portion of Villarreal’s body camera video was also played in Tuesday’s hearing. Following the clip, McManus said he had concerns about putting Villarreal back on the street to patrol.
Villarreal’s defense during both the trial and his suspension appeal is that he acted appropriately. Brehm repeatedly indicated that San Antonio Police Academy instructors had less critical opinions of the events than McManus.
“I think that’s important to remember, their own instructors — their own trainers — have looked at this,” Brehm said. “And interestingly enough, they found that my client’s conduct didn’t violate policy, that it was legally justified. That actually, there was exigency to enter the house, that his use of force was reasonable under the circumstances. And these were statements made under oath in a criminal proceeding.”
KSAT was not present for any testimony by SAPD instructors Tuesday, though the hearing is expected to continue through at least Wednesday.
The city’s legal team appeared to prepare for that likelihood by bringing in an outside expert, former Dallas Police chief Craig Miller, who said Villarreal did not have enough to chase after Wilson into the house.
“This is not a trick question: ‘What is exigent circumstances, or what is not?’” Miller said. “This was not Jack the Ripper. This was a person who upset the officers because he didn’t comply with their request, and he went into his home without their permission, and he wouldn’t come out when they requested him to come out. And the officers were frustrated.”
Questioned later by Brehm, Villarreal said it wouldn’t surprise him if the SAPD Academy instructors believed there was “exigency” for the use of force on Wilson, but he would be surprised if the instructors felt there was exigency to warrant Villarreal entering the house in the first place.
Chief disregarded advisory board
In deciding on an indefinite suspension, McManus disregarded the advice of the Complaint & Administrative Review Board (CARB), which is made up of seven civilians and seven sworn officers from different ranks. The CARB advises McManus on disciplinary efforts, but he is not bound by their decision.
The police officers on the board recommended counseling, and the civilian members recommended a five-day suspension. However, McManus said he felt “the board had it completely wrong, and the seriousness of the allegation — or the seriousness of the offense — move me to indefinitely suspend.”
Brehm also pointed to documentation showing McManus was initially considering a 15-day suspension, though the chief said he didn’t recall that.