The probable cause affidavit for San Antonio City Councilman Clayton Perry’s (D10) alleged involvement in a Nov. 6 hit-and-run while intoxicated collision revealed new details about that night. 

Perry had 14 alcoholic beverages between 4:45 p.m. and 8:45 p.m. at Evil Olive Elixir Lounge at 2950 Thousand Oaks Dr., in San Antonio, according to video surveillance footage obtained by the San Antonio Police Department. 

The surveillance footage shows Perry getting into his vehicle, a Jeep Rubicon, and driving to a Bill Miller Bar-B-Q across the street, at 2911 Thousand Oaks Dr. 

Perry proceeded to the drive-thru window, where he remained for 10 minutes without ordering. According to the affidavit, Perry was asked to leave.

Following the interaction, a Bill Miller employee called authorities to report a suspected intoxicated driver and the vehicle. 

Moments later, a Jeep making a wide right turn collided with another vehicle stopped at a light in an oncoming traffic lane at Redland Road and Jones Maltsberger Road at 9:10 p.m.

The document states that Perry left the scene without providing information, and that a witness followed him to the registered address of the Jeep he was driving. 

Upon his arrival, the witness saw Perry getting out of the driver’s side of the vehicle, according to the affidavit. It was then that SAPD Officer Patrick Des Rosiers came in contact with Perry in his backyard, where he was lying on the ground. 

“He is unable to sit up or get out without difficulty. He is unable to get into his home. He appears to be intoxicated based on the video of the interaction showing Perry to have lost the normal use of his mental and physical faculties,” the affidavit states. 

Following public reports of his involvement in the hit-and-run, Perry said in a prepared statement that he was in a car crash and that he “clearly hit my head and don’t really remember it.”

Perry was arrested Wednesday on a driving while intoxicated charge in connection with the collision. He posted a $1,000 bond and was released from the Bexar County Jail that morning. 

Two days after the collision, Mayor Ron Nirenberg said in a statement that if the details in a police report were accurate, “Councilman Perry should resign.” Perry said in mid-November that he has no plans to do so.

City Council considered asking Perry to resign, but declined to do so at Nov. 14 meeting. Instead, his colleagues gave him a no-confidence vote and approved his request for a sabbatical. Perry’s District 10 seat is being filled temporarily by Mike Gallagher, who previously represented the district from 2014 to 2017.

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Raquel Torres

Raquel Torres is the San Antonio Report's breaking news reporter. She previously worked at the Tyler Morning Telegraph and is a 2020 graduate of Stephen F. Austin State University.