Melissa Perez Trial: More testimony expected on fifth day of arguments

The trial of former SAPD officers accused in Melissa Perez’s death progresses with witness testimonies and body cam footage under scrutiny.

The trial of three former SAPD officers charged in the 2023 killing of a woman during a mental health call continues Thursday with more testimony from witnesses. 

Police say Melissa Perez tampered with the fire alarm system at her southwest-side apartment complex early in the morning of June 23, 2023, triggering a police response.

What ensued in the following minutes – culminating in the three officers shooting and killing Perez when authorities said she came at them with a hammer – is at the center of the case, including whether or not the deadly use of force was warranted. 

The defendants – who were suspended from the force and jailed less than 24 hours after the fatal bullets were fired – are all being tried together. Alfred Flores and Eleazar Alejandro are charged with murder, while Nathaniel Villalobos is charged with aggravated assault with a deadly weapon in the shooting.

What has happened so far?

Wednesday, Officer Jesus Rojas was on the stand for a third straight day as he faced cross-examination from the defense.  The defense attempted to make the argument that Officer Rojas did not follow protocal which could have prevented the situation from happening. 

Body camera footage he captured at the scene was shown to jurors, revealing a conversation between him and Perez where he calmly tried to assess the situation. He is not charged in the case. 

Rojas testified he didn’t place Perez under arrest right away because he was trying to gather more information and got the sense she was mentally ill. But once another officer arrived on the scene, body camera footage shows Perez running off and barricading herself in her apartment. 

Asked if he was willing to admit in court that he used “poor tactics” at the scene, Rojas responded: “Yeah, sure… like I said, I didn’t get to that point to arrest her yet. I was trying to keep calm and she ran.”

Rojas was never disciplined by SAPD after the 2023 incident. He’s just one of many officers expected to testify in the trial, which could last up to a month. 

The defense team on Wednesday – the fourth day of the trial – showed new body camera video of Perez trying to harm an officer with a hammer after he tries going through her window. The defendants’ attorneys also called foul on the state’s argument over whether or not the officers had the right to her apartment at all. That led to brief verbal sparring between prosecutors and the defense team. 

Earlier in the week, the prosecution said the video appeared to show the officers on scene, including the defendants, attempting to talk to Perez. Prosecutors said the footage shows the officers did not appear to know how to respond to the complicated situation as Perez appeared to be having a mental health crisis.

The video shows Perez becoming more agitated by the officer’s actions, repeatedly telling them to leave. Prosecutors argue that Perez was not a threat to the officers or herself but instead needed de-escalation.

They played video of officers trying to kick down her door, jumping onto her patio, asking her questions like whether she was in a gang or whether she was taking any medication for mental illness. 

The defense argued that the officers have the right to enter her property, claiming she was potentially evading arrest and she was dangerous since she had a hammer in her hand.

The defense also argued that the three officers were not the ones who escalated the situation and that Perez came toward them with the hammer while she was inside the apartment, which then caused them to feel at risk for their lives.

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