Contrary to a media report last week, San Antonio police have not yet filed a DWI charge against Councilman Clayton Perry (D10) for his alleged involvement in a Nov. 6 hit-and-run, SAPD Capt. Jesse Salame told the San Antonio Report this week.

But SAPD does plan to send that charge to the Bexar County District Attorney’s Office, Salame said.

The department has also not yet filed the investigative report on Perry’s charge of failure to stop and exchange information, a class B misdemeanor, to the District Attorney’s Office, he said. “Detectives are still analyzing additional evidence and finalizing their report. The time this is taking is not unusual.”

Last month, SAPD Chief William McManus said police believed they had enough probable cause to file the arrest warrant for the failure-to-stop charge, but not enough to arrest for a DWI.

It will ultimately be up to the District Attorney’s Office whether to pursue the DWI charge, once it is forwarded to the office. If the office accepts the charge, an arrest warrant will be issued, a DA spokesperson stated via email. They confirmed Wednesday that the office had not yet received a filing for a DWI, and the failure-to-stop charge is pending.

A first-time DWI charge is also a class B misdemeanor. If convicted of both charges, Perry could face up to $5,000 in fines and one year in jail. Perry turned himself in and posted $1,000 bond for the failure-to-stop charge on Nov. 10.

On Thursday, City Council will select one of three finalists vying to temporarily represent District 10 on the dais. He was granted an indefinite leave of absence last month that would allow him “time for me to heal,” Perry told his council colleagues before a majority of them issued a vote of no-confidence.

During the same meeting, he said he was taking “full responsibility and wholly acknowledge[d]” that his actions “caused the accident,” but did not say if he was drinking the night he was caught on video being disruptive at a nearby Bill Millers restaurant and allegedly struck another car with his Jeep on his way home.

The responding officer heard moaning coming from Perry’s backyard, where he found the councilman on the ground, bleeding from a cut on his head, according to the arrest affidavit.

The bodycam footage shows Perry unable or unwilling to answer the officer’s questions and struggling to get inside his house.

Northeast Neighborhood Alliance President Mike Gallagher, who previously represented District 10 and has applied to temporarily do so again, has said he believed medication could have been involved in Perry’s incidents.

Gallagher wrote to Nirenberg and council members last month asking them to hold off on calling for Perry’s resignation.

“It would be tragic to rush to judgment, especially if we find there were medical problems involved and if the Councilman was later found innocent of the charges against him,” Gallagher wrote.

Council can’t remove a member unless they’re convicted for a crime involving “moral turpitude,” according to the city charter, but the term is not defined.

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Iris Dimmick

Senior Reporter Iris Dimmick covers public policy pertaining to social issues, ranging from affordable housing and economic disparity to policing reform and workforce development. Contact her at iris@sareport.org