Now that he is no longer facing a life sentence, the fired SAPD officer is trying to get his job back

SAN ANTONIO – A year ago, Thomas Villarreal was fighting in court to avoid a possible life sentence.

On Tuesday, he began fighting to get his job back as a San Antonio police officer, which Chief William McManus opposes.

Villarreal and another former SAPD officer, Carlos Castro, were fired and charged with aggravated assault by an officer over a January 2020 incident. The pair kicked in a door and repeatedly punched a man, Eric Wilson, who was escaping an attempted traffic stop, police said.

The charge carries a prison sentence of up to life in prison.

However, her trial in October 2023 ended in collapse after her lawyers learned that three state experts had said in preliminary interviews that the officers were constitutionally entitled to arrest Wilson and enter Wilson’s home and search his car.

Prosecutors ultimately dismissed charges against both men. However, the indefinite suspensions imposed by McManus – which amount to a dismissal – remain in effect.

Castro’s arbitration appeal is still pending, but the arbitration hearing for Villarreal’s appeal began Tuesday.

Villarreal was fired for violating department policy on warrantless searches and use of force. Although the criminal case against him was dropped, prosecutors said Villarreal would not be allowed to return to work.

“The citizens of San Antonio deserve to be protected by the police, not have their door knocked down and their face bashed in because of a traffic stop,” said the city’s outside attorney, Donna McElroy.

Villarreal’s attorney, Karl Brehm, argued the former officer’s actions were justified and said his client was being made a scapegoat.

“What we have here, Mr. Pena, is – I’ll be completely honest – politics at play,” Brehm told hearing examiner Diego Pena in his opening statement.

“Show me your damn hands.”

On the night of January 16, 2020, according to SAPD, officers stopped a car traveling 48 miles per hour on North Walters Street, where the speed limit is 35 miles per hour. The car also failed to signal before turning onto Lamar Street, police said.

Officers turned on their emergency lights and approached the car, which had pulled into a driveway on Lamar Street.

Wilson, who was driving the car, exited the vehicle and walked away from officers, who noted the vehicle was emitting a strong odor of marijuana, according to the police report. Testimony during Tuesday’s hearing suggested the smell of marijuana may not have been noticed until after the fact.

Police bodycam video played in court during the trial showed Wilson walking away from his car and out the front door of his Lamar Street home while at least one officer drew his gun and shouted, he should stop and show his hands.

The video then shows Villarreal and Castro attempting to gain entry by kicking the door and pushing a chair in once the door partially opens. Villarreal also tries unsuccessfully to use his Taser.

When police ask Wilson to raise his hands, he can be heard through the door saying that officers don’t have a search warrant.

Once they get through, bodycam video shows Wilson being taken to the ground and the officers throwing numerous punches while yelling, “Show me your damn hands!”

McElroy said Wilson ended up in the hospital for three days with a broken nose and a broken orbital bone. His mugshot shows injuries around both eyes.

According to the police report, both Villarreal and Castro had Wilson’s blood on their bodies. Villarreal suffered a bruised hand as a result of the incident.

Wilson has a lengthy criminal record that includes a murder conviction. He was on federal supervision and drugs were later found in his car.

However, the city argues that officers only had a possible traffic violation and evading officers on foot against him at the time.

Drug and evading arrest charges filed against Wilson that night were later dismissed.

“Legally justified”

Chief McManus said Villarreal violated both department policy and constitutional protections against searches and seizures. He also said that Villarreal and Castro “in my opinion used excessive force.”

Part of Villarreal’s body camera video was also played at Tuesday’s hearing. Following the clip, McManus said he had concerns about sending Villarreal back out on the streets to patrol.

Villarreal defended himself both in the trial and in his appeal against the ban by saying that he had acted appropriately. Brehm repeatedly pointed out that the San Antonio Police Academy instructors were less critical of the events than McManus.

“I think that’s important to remember, their own instructors – their own coaches – have looked at this,” Brehm said. “And interestingly, they found that my client’s behavior did not violate policy but was legally justified. That there was an actual need to enter the house and that his use of force was reasonable in the circumstances. And these were statements made under oath in a criminal case.”

KSAT was not present for any testimony from SAPD instructors on Tuesday, although the hearing is expected to last at least through Wednesday.

The city’s legal department appeared to be preparing for that likelihood by bringing in an outside expert, former Dallas Police Chief Craig Miller, who said Villarreal didn’t have enough to pursue Wilson into the house.

“This is not a trick question: ‘What are exigent circumstances and what are not?'” Miller said. “That wasn’t Jack the Ripper. This was a person who angered the officers because he did not comply with their request and went into his house without their permission and did not come out when they asked him to come out. And the officers were frustrated.”

Questioned later by Brehm, Villarreal said he wouldn’t be surprised if SAPD academy instructors believed there was a “need” to use force against Wilson, but he would be surprised if the instructors felt it There is a need to allow Villarreal entry into the house in the first place.

The boss disrespected the advisory board

In deciding on an indefinite suspension, McManus disregarded the advice of the Complaint & Administrative Review Board (CARB), which consists of seven civilians and seven sworn officers of varying ranks. CARB advises McManus on disciplinary action, but he is not bound by its decision.

The police officers on the panel recommended counseling and the civilian members recommended a five-day suspension. However, McManus said he felt that “the board was completely wrong, and the seriousness of the allegation – or the seriousness of the offense – leads me to suspend the prosecution indefinitely.”

Brehm also pointed to documents showing McManus had originally considered a 15-day suspension, although the chief said he couldn’t remember that.