SAN ANTONIO – A judge declared a mistrial Wednesday in the deadly conduct trial of a former San Antonio police officer accused of firing shots at two teens who were running away from him.
The mistrial was declared in Oscar Cruz Jr.’s case just as the trial was supposed to start in the 399th District Court.
An attorney for Cruz told KSAT Wednesday morning prosecutors failed to timely disclose material or evidence that would have been beneficial to the defense’s case. It’s known as Brady material, and it’s the same reason that a mistrial was declared last year for two San Antonio police officers charged with aggravated assault for allegedly beating a man who walked into a home after they tried to pull him over.
The Bexar County District Attorney’s Office has not responded to a request for comment about the latest mistrial.
The unrelated incident for which Cruz was charged occurred on March 9, 2020, when Cruz was called to the 9500 block of Five Forks for a report of two teens pulling on vehicle door handles.
In 2020, KSAT filed an open records request to get information about the case.
The documents stated that Cruz tried detaining one of the juveniles who ran away from him. During the chase, Cruz pulled out his service weapon, according to the document.
During the chase, a second juvenile threw an object, striking the officer in the face and head, according to the records.
“Officer Cruz fired two rounds at the direction of the suspects as they fled the scene,” according to the records, which violated the department’s use-of-force procedure.
The incident was captured on Cruz’s bodycam, according to the disciplinary record. During the incident, Cruz could be heard telling the juveniles “stop running or I will f—ing shoot you.”
Cruz received an indefinite suspension, tantamount to firing.
He was arrested nearly two years after the incident and charged with the felony deadly conduct-firearm.
Cruz was also cited for using the muzzle of his gun as a signal to direct the responding officer.
“Officer Cruz failed to use sound judgment when he continued to point the firearm in the direction of the arriving officer.”
Records show Cruz was previously suspended at least once during his time with the San Antonio Police Department. In 2018, he was suspended for three days after striking a pedestrian with his patrol car.
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