SAN ANTONIO – Prosecutors in Bexar County have declined to move forward with charges tied to a June 16 shootout involving San Antonio police SWAT officers and 35-year-old Roman Xavier Pena, citing a legal issue over who fired first.
The San Antonio Police Officers’ Association said it was troubled by the possibility the charges would not proceed. Association President Johnny Perez said the decision was a shock and that body camera footage does not clearly show who shot first.
San Antonio police released body camera video from the June 16 incident on Jones-Maltsberger Road at an apartment complex. Police said four SWAT officers were executing a weapons-related arrest and search warrant on Pena when officers could see him holding a gun inside his parked vehicle. Police said Pena opened fire. Two people were wounded in the exchange.
The Bexar County District Attorney’s Office said it cannot move forward with prosecution because it says an officer fired first from an unmarked vehicle and did so without properly identifying himself as law enforcement.
Perez said he was with the officer when he learned the charges would not move forward. “It’s just disappointment on my end and just for our members as a whole,” Perez said.
Perez said the operation was conducted by SWAT and that officers had been warned about Pena beforehand. “It was a SWAT operation, they were told that this gentleman had been making threats to shoot anybody that he came in contact with.,” Perez said.
Perez also said he worries about the message the decision could send. “I don’t want the community or any suspect to think that, Hey, if I tell them that I didn’t know they were police and I shoot at him, I’ll be okay.,” he said.
The district attorney’s office said Pena still faces two felony charges from a separate incident that was indicted by a grand jury Sept. 14. The DA’s office also said it had a thorough discussion with SAPD.
SAPD said it will not comment on charging decisions and will cooperate with the district attorney’s office.