The defense in the trial of three ex-SAPD officers argues for justification in the shooting of Melissa Perez, focusing on her threat level with a hammer.
SAN ANTONIO — The trial against three ex-SAPD officers is entering its fourth week of testimony Monday after the prosecution rested its case Friday. The trial is centered around the shooting death of Melissa Perez during a mental health call in 2023.
Perez was killed on the night of June 23, 2023, when three former officers fired at her as she was armed with a hammer. She was struck by bullets from two of the officers. A warrant was issued for the officers’ arrest within 16 hours of the shooting.
Last week, Detective Ronald Soto, who arrested and executed a warrant for the defendants the day after the shooting, testified for a fourth day. He conceded he was mistaken when he previously told a defense attorney that one of the officers was in a hallway when another officer fired the first shot. Slow-motion body camera video played in court showed Perez closer to the apartment’s patio area than Soto recalled.
Defense teams argue that detail is critical to their justification claim—maintaining that one of the officers had only a “split-second” to react as Perez moved quickly toward an open patio window with a hammer in her hand.
Friday, the defense called its first witnes, retired Detective Mark Duke, who testifed that there was no need for Detective Soto to carry out the warrants so soon after the shooting since the three former officers were not a flight risk or a danger to the community. He added that this was the first time he had testified for a defense team.
“I looked at the case and I was very surprised at what I saw that resulted in the decisions that were made,” Duke said. “I felt obligated because of what I perceive as a huge injustice and agreed that I would work with him on this case.”
Alfred Flores and Eleazar Alejandro are charged with murder, while former officer Nathaniel Villalobos faces a charge of aggravated assault with a deadly weapon. The case is believed to mark the first time Bexar County law enforcement officers have faced murder charges stemming from an on-duty shooting.
Positioning and threat level remain focal points
Friday, defense attorneys projected Flores’ body camera video in slow motion, pointing to Perez’s body posture and proximity to officers to argue Flores was vulnerable as the confrontation escalated.
“To me the position she is in looks like when Olympians throw a javelin,” one attorney said while reenacting the scene for the jury. Soto agreed it would be impossible in that moment to know exactly what Perez was going to do next.
Perez, 46, was shot twice after officers fired a total of 16 rounds. Prosecutors have maintained that the defendants had barriers — including a wall, a window partially blocked by a TV and a locked door — that prevented Perez from reaching them and negated any imminent threat.
Those elements were included in Soto’s original arrest affidavit, which states Perez “did not pose an imminent threat of serious bodily injury or death” when deadly force was used.
Defense challenges investigation speed and scope
Soto, who spent his fourth day on the witness stand Thursday, has repeatedly faced accusations that his investigation was rushed and incomplete. He acknowledged earlier this week he did not take detailed notes from all 15 officers’ body-worn camera videos at the scene—only from five, including the defendants.
Defense attorneys also continue to highlight that he had not included Perez’s mental health history in the warrants, despite later learning of her struggles from the family.
Still, Soto has pushed back against arguments that he lacked probable cause, maintaining the body camera evidence he reviewed justified his decision.
Background on the case
It was early in the morning of June 23, 2023, when authorities say Perez tampered with her complex’s fire alarm system, triggering a police response.
Later that morning, Flores, Alejandro and Villalobos fatally shot at Perez when authorities said she came at them with a hammer. Before 24 hours had passed, they were suspended from the force and jailed after Chief William McManus said their actions didn’t conform with protocols.
The issue of whether officers needed a warrant to enter Perez’s home continues to be a question in court. Prosecutors have argued the officers’ warrantless entry amounted to burglary of a habitation. Defense attorneys counter that Perez committed a felony earlier that morning when she threw a candle at an officer, allowing police to arrest her without a warrant.