{"id":114648,"date":"2026-01-07T21:54:10","date_gmt":"2026-01-07T21:54:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-tx\/114648\/"},"modified":"2026-01-07T21:54:10","modified_gmt":"2026-01-07T21:54:10","slug":"sapd-union-alleges-prosecutorial-misconduct-in-melissa-perez-trial","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-tx\/114648\/","title":{"rendered":"SAPD union alleges prosecutorial misconduct in Melissa Perez trial"},"content":{"rendered":"<p>The San Antonio Police Officers\u2019 Association says it is in the process of pursuing complaints with state authorities alleging prosecutorial misconduct tied to the criminal case involving three San Antonio police officers, who were acquitted in November in the killing of Melissa Perez.<\/p>\n<p>The complaint was first outlined by SAPOA President John \u201cDanny\u201d Diaz in a message published in the union\u2019s quarterly <a href=\"https:\/\/sapoa.org\/wp-content\/plugins\/pdfjs-viewer-shortcode\/pdfjs\/web\/viewer.php?file=https:\/\/sapoa.org\/wp-content\/uploads\/2026\/01\/SAPOA-2025-Q4-Centerion.pdf&amp;attachment_id=0&amp;dButton=true&amp;pButton=true&amp;oButton=false&amp;sButton=true&amp;pagemode=none&amp;_wpnonce=fd480d607f\" rel=\"nofollow noopener\" target=\"_blank\">Centurion magazine<\/a> published on Dec. 28 and later confirmed by a spokesperson for the organization.\u00a0<\/p>\n<p>In the message, Diaz addressed SAPOA members about what he described as \u201cconcerning developments\u201d related to prosecutorial conduct during the trial. He said that SAPOA had contacted the Texas Attorney General\u2019s Office to report the prosecutors for failing to comply with discovery requirements.<\/p>\n<p>\u201cProsecutors assigned to the case obtained and released information they were not authorized to possess nor did they appropriately disclose [it] under state law,\u201d Diaz wrote. \u201cUnfortunately, this is not the first time prosecutors have mishandled discovery in a case involving our officers.\u201d<\/p>\n<p>Diaz also criticized prosecutors for arguments raised during the case, including the suggestion that the officers could be charged with burglary for entering Perez\u2019s apartment, despite what he said was their legal authority to be there while responding to a reported felony.<\/p>\n<p>After consulting with the attorney general\u2019s office, Diaz said SAPOA also began the process of filing a formal complaint with the Texas Rangers.<\/p>\n<p>The union did not specify what information it believes was improperly handled, and it has not released documentation supporting its claims. Asked about the status of the filings, a spokesperson for SAPOA said the filing is still underway and the organization does not have additional information to share at this time.<\/p>\n<p>The office of the Attorney General has not responded at the time of publication to a request seeking confirmation that any formal complaint has been received.<\/p>\n<p>A spokesperson from the Texas Department of Public Safety said the Texas Rangers had not received a request related to this case.<\/p>\n<p>A spokesperson for the Bexar County District Attorney\u2019s office said the office would not be providing comment regarding the filings.<\/p>\n<p><img loading=\"lazy\" data-recalc-dims=\"1\" decoding=\"async\" width=\"780\" height=\"520\" src=\"https:\/\/www.newsbeep.com\/us-tx\/wp-content\/uploads\/2026\/01\/ScottBall_city-council-collective-bargaining-vote-cba-police-union-cosa-nirenberg-walsh-diaz-sapoa-5.jpeg\" alt=\"\" class=\"wp-image-5425672\"  \/>San Antonio Police Officers Association President Danny Diaz outlined the complaint in a message published in the union\u2019s quarterly Centurion magazine on Dec. 28.  Credit: Scott Ball \/ San Antonio Report<\/p>\n<p>The trial and its aftermath<\/p>\n<p>The union\u2019s allegations follow a closely watched month-long trial that ended with a Bexar County jury <a href=\"https:\/\/sanantonioreport.org\/jury-finds-3-former-sapd-officers-not-guilty-in-2023-killing-of-melissa-perez\/\" rel=\"nofollow noopener\" target=\"_blank\">acquitting the three officers<\/a> of all charges related to Perez\u2019s death, a case that drew widespread attention and heightened tensions between SAPOA and the district attorney\u2019s office.<\/p>\n<p>Perez, 46, was <a href=\"https:\/\/sanantonioreport.org\/san-antonio-police-fatal-shooting-arrests-mental-health\/\" rel=\"nofollow noopener\" target=\"_blank\">shot and killed <\/a>on June 23, 2023, inside her apartment after SAPD responded to a call that she had been cutting wires to the complex\u2019s fire alarm system. Officers made contact with her in the parking lot where she gave her name and apartment number but appeared to be having a mental health episode according to Police Chief William McManus.\u00a0<\/p>\n<p>She fled into her apartment where officers ordered her to come out but Perez refused. Officers saw her holding a hammer and communicated with Perez through a window on the patio for over 30 minutes. When Perez hit and shattered a window with the hammer, an officer drew his gun and fired, the other officers also fired their weapons, killing Perez.<\/p>\n<p>In a <a href=\"https:\/\/sapoa.org\/official-statement-from-danny-diaz-following-not-guilty-verdict\/\" rel=\"nofollow noopener\" target=\"_blank\">statement<\/a> released following the verdict on Nov. 10, Diaz accused District Attorney Joe Gonzales of engaging in prosecutorial misconduct through what he described as his office\u2019s lack of transparency and failure to disclose information during discovery. Diaz also accused the office of applying a double standard to officers and allowing political pressure to influence decision-making.<\/p>\n<p>\u201cThis is absolutely unacceptable, and our community has had enough,\u201d Diaz said in the statement. \u201cOur brave men and women in law enforcement answer the calls, risk their lives, and don\u2019t complain as they bravely and honorably serve the citizens of San Antonio.\u201d<\/p>\n<p>The prosecution and subsequent acquittal fueled frustration within SAPOA\u2019s ranks. In the weeks following the verdict, union leaders discussed <a href=\"https:\/\/sanantonioreport.org\/sapd-union-board-rejects-no-confidence-vote-against-san-antonio-police-chief\/\" rel=\"nofollow noopener\" target=\"_blank\">advancing a possible vote of no confidence<\/a> against McManus during a monthly board meeting, citing dissatisfaction with leadership decisions and concerns about how officer-involved cases were being handled.<\/p>\n<p>The proposed vote was tabled until the board\u2019s December meeting, where a motion to advance it was ultimately rejected by a 34\u20131 vote. While the effort did not move forward, Diaz said it underscored the extent of dissatisfaction among a police force struggling with low moral.<\/p>\n<p>\u201cThere was people who were upset, of course, about the trial but they\u2019ve been upset for a while,\u201d he said. \u201cMorale\u2019s been at an all time low for quite a while.\u201d<\/p>\n<p>State political backdrop<\/p>\n<p>The dispute in Bexar County is unfolding amid a broader, ongoing effort by state Republican leaders to increase oversight of locally elected district attorneys \u2014 particularly in large, urban counties.<\/p>\n<p>In 2023, the Texas Legislature passed <a href=\"https:\/\/capitol.texas.gov\/BillLookup\/History.aspx?LegSess=88R&amp;Bill=HB17\" rel=\"nofollow noopener\" target=\"_blank\">House Bill 17<\/a>, which allows courts to remove district attorneys for \u201cofficial misconduct\u201d if they refuse to prosecute certain crimes. Supporters of the law said it was needed to rein in what they described as \u201crogue\u201d prosecutors, while critics argued it weakened local control over criminal justice decisions. The law has since been used unsuccessfully in attempts to remove Democratic prosecutors, including <a href=\"https:\/\/www.texastribune.org\/2024\/04\/20\/texas-rogue-prosecutors-law-jose-garza-removal-attempt\/\" rel=\"nofollow noopener\" target=\"_blank\">Jos\u00e9 Garza<\/a> the then-district attorney of Travis County.\u00a0<\/p>\n<p>More recently, Attorney General Ken Paxton adopted an <a href=\"https:\/\/www.texastribune.org\/2025\/05\/16\/texas-attorney-general-district-attorneys-lawsuits\/\" rel=\"nofollow noopener\" target=\"_blank\">administrative rule known as Chapter 56<\/a>, which would require district attorneys in counties with at least 400,000 residents \u2014 including Bexar County \u2014 to turn over broad categories of prosecutorial records to the attorney general\u2019s office and submit quarterly reports. Those reports would include data related to indictments of police officers.\u00a0<\/p>\n<p>District attorneys from Bexar and several other large counties sued to block the rule, arguing it violated constitutional separation-of-power protections and would impose significant administrative burdens. The Texas Tribune reported in May that <a href=\"https:\/\/www.texastribune.org\/2025\/05\/16\/texas-attorney-general-district-attorneys-lawsuits\/\" rel=\"nofollow noopener\" target=\"_blank\">state courts ruled that Paxton\u2019s office did not have authority<\/a> to enforce the rule.\u00a0<\/p>\n<p>SAPOA leadership has publicly <a href=\"https:\/\/www.ksat.com\/news\/local\/2024\/01\/31\/sa-police-union-president-calls-outside-involvement-in-bexar-county-da-office-policies-unethical\/\" rel=\"nofollow noopener\" target=\"_blank\">called for the use<\/a> of HB17, in a January 2024 interview with KSAT, Diaz called on the governor\u2019s office to intervene in Bexar County and consider removal proceedings against Gonzales under HB17, over policy consulting provided by an Austin-based criminal justice reform group to Gonzales.<\/p>\n<p>\u201cThe citizens of Bexar County and the City of San Antonio should be very upset that this is even happening,\u201d he said. \u201cAnd maybe it is due time that the governor\u2019s office step in and start using the House Bill 17 on \u2018rogue DAs.\u2019\u201d<\/p>\n<p>In response, Gonzales said that SAPOA was perpetuating disinformation about his stance on crime, in part due to his stance on <a href=\"https:\/\/sanantonioreport.org\/rehabilitative-justice-bail-bond-reform-will-make-bexar-county-safer-more-equitable\/#:~:text=Joe%20D.%20Gonzales%2C%20a%20candidate%20for%20Bexar,from%20jailing%20poor%20people%20for%20minor%20offenses\" rel=\"nofollow noopener\" target=\"_blank\">criminal justice reform<\/a>.\u00a0\u00a0<\/p>\n<p>\u201cI think the biggest misconception has to do with people\u2019s perception,\u201d he said. \u201cAnd I\u2019ll tell you, part of it has been the disinformation out of the community that has been perpetuated by the Officers Association and by other members in the community that I\u2019m soft on crime because I have brought criminal justice reform to Bexar County, which has always been about low-level, nonviolent offenses. I will tell you that when it comes to violent crimes, I have been tough on crime.\u201d\u00a0<\/p>\n<p>For now, SAPOA\u2019s allegations remain in the filing process, if state authorities determine the allegations warrant review, the matter could trigger a public integrity investigation \u2014 a process that could lead to potential criminal charges, fines or removal if evidence supports misconduct.\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"The San Antonio Police Officers\u2019 Association says it is in the process of pursuing complaints with state authorities&hellip;\n","protected":false},"author":2,"featured_media":114649,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[12939,12940,50437,50438,6039,50439,12942,50440,50441,1967,2126,50442,82,84,83,5264,12896,632,6038,50443,2943,429,92,3028,3440],"class_list":{"0":"post-114648","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-san-antonio","8":"tag-bexar-county-district-attorney","9":"tag-bexar-county-district-attorneys-office","10":"tag-centurion-magazine","11":"tag-chapter-56","12":"tag-danny-diaz","13":"tag-house-bill-17","14":"tag-joe-gonzales","15":"tag-john-danny-diaz","16":"tag-jose-garza","17":"tag-ken-paxton","18":"tag-melissa-perez","19":"tag-police-chief-william-mcmanus","20":"tag-san-antonio","21":"tag-san-antonio-headlines","22":"tag-san-antonio-news","23":"tag-san-antonio-police-department","24":"tag-san-antonio-police-officers-association","25":"tag-sapd","26":"tag-sapoa","27":"tag-texas-ag","28":"tag-texas-attorney-generals-office","29":"tag-texas-rangers","30":"tag-top-story","31":"tag-typedaily","32":"tag-wc-1000-1500"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/114648","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/comments?post=114648"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/114648\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media\/114649"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media?parent=114648"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/categories?post=114648"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/tags?post=114648"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}