SAN ANTONIO — A San Antonio police officer fired for punching a pregnant woman can return to the force, an arbitrator decided this week.
The third-party reinstated officer Elizabeth Montoya, ruling her punishment too severe. Montoya will instead serve a 45-day suspension.
“We are disappointed with the arbitrator’s decision to overturn the Chief’s decision to terminate this officer," City Attorney Andy Segovia said in a statement. "The city clearly established that the officer’s conduct was not in keeping with the standards established by SAPD. The arbitrator simply decided the discipline was excessive when compared to other incidents."
Montoya's appeal is among the final cases an arbitrator will decide under the city's previous contract with its police department.
In May, San Antonio leaders adopted a new collective bargaining agreement which limits the third-party's power to override the police chief.
"If he is the chief who's in charge of his force - his unit, the only way that's going to be respected is if his decision is final," said Pharaoh Clark, CEO of Reliable Revolutionaries. "If they know they can commit egregious acts and that his decision will not be respected, you can't expect him to maintain order in that department."
Clark and other activists pushed to adjust the collective bargaining agreement and bolster the chief's authority. They say the new deal is an improvement, though Clark contends it's still too easy for misbehaving police to keep their jobs.
Other activists, including those with ACT 4 SA, wanted the city to give civilians more authority over officer discipline.
"The new Collective Bargaining Agreement places proper weight to the Chief’s discipline decisions and limits the arbitrator’s subjective determination that the imposed discipline was excessive," Segovia said.
Montoya hit the woman during an arrest on July 5, 2018. Police handcuffed the suspect, accused of burglary.
Montoya told other responders the woman repeatedly kicked her as the officer attempted to search the suspect.
"If you kick me again, I swear to god, I'll break your arm," Montoya said, in an interaction recorded by a body camera.
Moments later, officers put the woman in a police car. Montoya claims the suspect kicked her again.
Video shows the officer hit the woman seven times in response. Another officer stopped the altercation.
"I'm pregnant, dude. Why did you hit me like that?" the suspect asked.
"Because you deserve it," Montoya responded.
The San Antonio Express-News reports that Montoya told the arbitrator she hit the woman in self-defense, calling the punches "compliance strikes."
"There's a way that we should expect our officers to interact with our citizens," Clark said. "We cross the line into police brutality when you're punching a woman who's pregnant in the face and in the back of the head."