The San Antonio Police Officers’ 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.
The complaint was first outlined by SAPOA President John “Danny” Diaz in a message published in the union’s quarterly Centurion magazine published on Dec. 28 and later confirmed by a spokesperson for the organization.
In the message, Diaz addressed SAPOA members about what he described as “concerning developments” related to prosecutorial conduct during the trial. He said that SAPOA had contacted the Texas Attorney General’s Office to report the prosecutors for failing to comply with discovery requirements.
“Prosecutors assigned to the case obtained and released information they were not authorized to possess nor did they appropriately disclose [it] under state law,” Diaz wrote. “Unfortunately, this is not the first time prosecutors have mishandled discovery in a case involving our officers.”
Diaz also criticized prosecutors for arguments raised during the case, including the suggestion that the officers could be charged with burglary for entering Perez’s apartment, despite what he said was their legal authority to be there while responding to a reported felony.
After consulting with the attorney general’s office, Diaz said SAPOA also began the process of filing a formal complaint with the Texas Rangers.
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.
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.
A spokesperson from the Texas Department of Public Safety said the Texas Rangers had not received a request related to this case.
A spokesperson for the Bexar County District Attorney’s office said the office would not be providing comment regarding the filings.
The trial and its aftermath
The union’s allegations follow a closely watched month-long trial that ended with a Bexar County jury acquitting the three officers of all charges related to Perez’s death, a case that drew widespread attention and heightened tensions between SAPOA and the district attorney’s office.
Perez, 46, was shot and killed on June 23, 2023, inside her apartment after SAPD responded to a call that she had been cutting wires to the complex’s 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.
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.
In a statement 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’s 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.
“This is absolutely unacceptable, and our community has had enough,” Diaz said in the statement. “Our brave men and women in law enforcement answer the calls, risk their lives, and don’t complain as they bravely and honorably serve the citizens of San Antonio.”
The prosecution and subsequent acquittal fueled frustration within SAPOA’s ranks. In the weeks following the verdict, union leaders discussed advancing a possible vote of no confidence against McManus during a monthly board meeting, citing dissatisfaction with leadership decisions and concerns about how officer-involved cases were being handled.
The proposed vote was tabled until the board’s December meeting, where a motion to advance it was ultimately rejected by a 34–1 vote. While the effort did not move forward, Diaz said it underscored the extent of dissatisfaction among a police force struggling with low moral.
“There was people who were upset, of course, about the trial but they’ve been upset for a while,” he said. “Morale’s been at an all time low for quite a while.”
State political backdrop
The dispute in Bexar County is unfolding amid a broader, ongoing effort by state Republican leaders to increase oversight of locally elected district attorneys — particularly in large, urban counties.
In 2023, the Texas Legislature passed House Bill 17, which allows courts to remove district attorneys for “official misconduct” if they refuse to prosecute certain crimes. Supporters of the law said it was needed to rein in what they described as “rogue” 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 José Garza the then-district attorney of Travis County.
More recently, Attorney General Ken Paxton adopted an administrative rule known as Chapter 56, which would require district attorneys in counties with at least 400,000 residents — including Bexar County — to turn over broad categories of prosecutorial records to the attorney general’s office and submit quarterly reports. Those reports would include data related to indictments of police officers.
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 state courts ruled that Paxton’s office did not have authority to enforce the rule.
SAPOA leadership has publicly called for the use of HB17, in a January 2024 interview with KSAT, Diaz called on the governor’s 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.
“The citizens of Bexar County and the City of San Antonio should be very upset that this is even happening,” he said. “And maybe it is due time that the governor’s office step in and start using the House Bill 17 on ‘rogue DAs.’”
In response, Gonzales said that SAPOA was perpetuating disinformation about his stance on crime, in part due to his stance on criminal justice reform.
“I think the biggest misconception has to do with people’s perception,” he said. “And I’ll 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’m 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.”
For now, SAPOA’s allegations remain in the filing process, if state authorities determine the allegations warrant review, the matter could trigger a public integrity investigation — a process that could lead to potential criminal charges, fines or removal if evidence supports misconduct.
