SAN ANTONIO – The 2023 police shooting of Melissa Perez, a case that drew national attention, resumed court proceedings on Monday.
Eleazar Alejandro, Alfred Flores and Nathaniel Villalobos have each been charged in connection with Perez’s death during a mental health call at her Southwest Side apartment.
SAPD has since terminated all three officers from the force.
Two days after a feisty pretrial hearing, the prosecution and the defense sparred once more on Day 1 of the ex-officers’ trial Friday inside the Cadena-Reeves Justice Center on Friday.
Just before 3:30 p.m., prosecutor Daryl Harris’ objection to defense attorney Ben Sifuentes’ line of questioning about the fairness of SAPD’s investigation is when tensions began to heighten.
Sifuentes asked Harris if “he was through.”
“For now,” Harris responded.
Sifuentes then asked for one of the other defense attorneys to back up his argument. Nico LaHood, the former Bexar County District Attorney and current co-defense attorney for Villalobos, obliged.
“I know it’s uncomfortable for the government, but she’s a proper witness to answer those questions,” LaHood told the court. “They (the state) can bring a witness to give context later on.”
Harris told Judge Ron Rangel that the defense’s argument is attempting to shift focus away from the case at hand.
“The idea that the investigation is not the issue before this jury,” Harris said. “The issue before this jury is whether or not there is evidence to prove that the defendants caused the death of Melissa Perez with legal justification or not. Not the investigation or when someone dotted an ‘I,’ crossed a ‘T,’ filed a paper.”
LaHood then cut Harris off.
″Judge, I can’t believe a felony prosecutor is saying that, to be honest with you,” LaHood said, who then spoke to Harris. “You should be ashamed of yourself. Of course their investigation is at issue.”
“I’ll worry about my stinking case,” Harris told LaHood. “You handle yours.”
“Don’t throw that kind of talk out here,” LaHood responded.
“What are you?” Harris said to LaHood.
Background
On June 23, 2023, Perez, 46, experienced a mental health crisis inside her Southwest Side apartment, where SAPD body camera footage showed she was fatally shot by ex-SAPD officers Eleazar Alejandro, Alfred Flores and Nathaniel Villalobos.
After more than 12 hours of jury selection that stretched well into Thursday night, a jury was officially seated just before 11 p.m. Court proceedings are expected to begin at noon on Friday.
The case drew widespread attention and sparked debate over police response protocols.
Alejandro, Flores and Villalobos each face charges in connection with Perez’s death. All three officers have since been removed from the force.
All three charged will be tried together, which will make for a packed courtroom.
Former prosecutor-turned-defense attorney Meredith Chacon said the plan to try all three together means each defense team has agreed on some kind of joint strategy.
“It indicates a sharing of resources, and they’re all working together on this defense,” Chacon said.
Each defendant has their own team of lawyers:
Alfred Flores is represented by Thom Nisbet and David Christian
Eleazar Alejandro is represented by Ben Sifuentes and Mario Del Prado, a former division chief in the Bexar County District Attorney’s Office
Nathaniel Villalobos is represented by former Bexar County District Attorney Nico LaHood and his law partners Jay Norton, Jason Goss and Patrick Ballantyne
As for the state, prosecutors include Felony Criminal Trial Division Chief David Lunan and Daryl Harris.
The trial is being presided over by 379th Criminal District Court Judge Ron Rangel.
On Wednesday, ahead of jury selection, a pretrial hearing became heated as attorneys sparred over key issues ahead of the trial. Defense attorneys argued with prosecutors over which evidence and legal arguments should be allowed during the proceedings.
Among the issues discussed was a federal judge’s recent decision to dismiss a civil lawsuit against the officers— a ruling the defense wants jurors to hear about. Prosecutors opposed that motion.
Defense attorneys also objected to any discussion of the Castle Doctrine, or “protection of property” laws, during the trial. They argued it is irrelevant to the facts of the case.
Rangel has yet to rule on those motions.
If convicted, Flores and Alejandro each face up to life in prison. Villalobos, who is facing an aggravated assault by a public servant charge, also faces a maximum sentence of life in prison.
For a full look back at this case, watch our KSAT Open Court video below:
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