The verdict capped a monthlong trial in which defense witnesses testified that the investigation into the shooting was rushed and biased.
SAN ANTONIO — Three former San Antonio police officers were found not guilty on all counts following a monthlong trial over Melissa Perez’s 2023 death.
The jury took less than two hours to deliberate before delivering their verdict and acquitting the trio. For four weeks the jury members listened to testimony from investigators, family members and police officers who responded to the scene of the shooting on June 23, 2023. Perez, 46, was shot and killed by police after authorities said she charged at them with a hammer.
The jury was responsible for determining whether the defendants – Alfred Flores, Eleazar Alejandro and Nathaniel Villalobos – were justified in firing their weapons. The defense had argued the officers were in a vulnerable position as the confrontation escalated and called up witnesses who testified that the ensuing investigation was rushed and biased.
The defendants were arrested and suspended from the force about 16 hours after the shooting. Police Chief William McManus at the time said their actions violated department protocols.
But Ben Sifuentes, who was part of the defense team, said investigators fell short in how they reviewed the incident and who was at fault.
“There was an institutional failure on the part of the police department and the prosecution in how they chose to investigate and prosecute this case,” Sifuentes said after the verdict was read. “None of the command staff looked at any of the videos. How can they make a decision to charge these officers if they didn’t look at the videos and they didn’t do a thorough investigation?”
“We knew what the truth was,” added Nico LaHood, who represented Villalobos. “But you never know until the verdict comes back.”
Flores and Alejandro had each been charged with a count of murder, two counts of aggravated assault and a count of deadly conduct. Villalobos had been charged with a count of aggravated assault and a count of deadly conduct.
They were acquitted on all counts just after 3 p.m., when Judge Ron Rangel read the jury’s verdict. Closing statements were delivered just hours earlier.
The fatal shooting happened after officers responded to a mental health call at Perez’s south-side apartment. Investigators say Perez had triggered her complex’s fire alarm system and later came toward officers with a hammer.
The case marked the first time Bexar County law enforcement officers faced murder charges stemming from an on-duty shooting, according to the district attorney’s office. The office said it “respects the jury’s verdict” and didn’t provide a further comment.
The San Antonio Police Officers’ Association, the local police union, said it was “thankful” for the not-guilty verdict while criticizing the DA’s office for what it called “prosecutorial misconduct” and a “lack of transparency” during the discovery process of the case.
“We have complained about the double-standard within the department and the fact that wrong decisions are being made due to political pressures,” SAPOA President Danny Diaz said in a statement. “DA (Joe) Gonzales and co-prosecutors Daryl Harris and David Lunan have no place representing our communities.”
What happened in the trial?
Throughout the testimony, jurors had heard conflicting accounts about the deadly confrontation and ensuing investigation, which a former sergeant called biased.
Prosecutors argued the officers entered Perez’s apartment illegally and used excessive force, saying their warrantless entry amounted to burglary of a habitation. That frustrated one officer who was on the stand for days before he pleaded the fifth, having said he was upset with the theory the state was formulating in the trial’s early days.
Defense attorneys countered that Perez had committed a felony earlier that morning — throwing a candle at an officer — which allowed police to make an arrest without a warrant.
Last week’s testimony included defense witness retired Sgt. Lisa Miller, a 30-year SAPD veteran, who said she spent hundreds of hours reviewing the case. Miller testified that she believed the lead investigator, Detective Ronald Soto, rushed to judgment by securing arrest warrants just 16 hours after the shooting. She also told jurors that another sergeant believed the officers’ actions were justified but was allegedly told by Chief McManus to “stay quiet or face consequences”—a claim that contradicts Soto’s earlier testimony denying any outside pressure.
Officer Travis Thompson, who responded to the scene that night, testified earlier that he and Villalobos were answering a call for an officer in trouble and that one of the officers had been hit by glass. Jurors were shown body camera video of the chaotic moments before the shooting.