SAN ANTONIO — SAPD Officer Thomas Villareal has been facing an indictment since December of 2021. As of Wednesday, nearly three years later, he is free and clear.
Thomas Villareal, along with officer Carlos Castro, was indicted with aggravated assault by a public servant after a traffic stop on Jan. 16, 2020.
Villarreal stopped Eric Wilson just outside his home for speeding. Castro was in a separate vehicle behind Villarreal. They ordered Wilson to stop and show his hands but Wilson quickly walked into his home and held the door shut.
The officers didn't know if this was Wilson's home at the time, and tried to kick the door in. Eventually, they breached the door and pulled Wilson to the ground. When officers could not get control of Wilson's hands, they repeatedly punched him in the face until he complied.
The case against the two officers went to trial on Sept. 29 of this year. But after six days in court, Judge Ron Rangel declared a mistrial.
The prosecution was planning to bring in SAPD police academy trainers to talk about use of force in this case. According to the defense, one of those trainers had already told the DA's office office they believed Thomas Villarreal did not use excessive force in this case. The defense only found out about that testimony five days into the trial when when Judge Rangel was vetting those experts. Prosecutors failed to disclose that testimony and violated the "Brady rule" which requires disclosure, which triggered the mistrial.
After the trial ended, attorneys for both sides asked the jury how they would have decided the case. Defense Attorney Nico LaHood, whose firm represented the officers, said the answer was clear.
"When we spoke with the jury after the trial, they unequivocally said we they were not going to convict either officer on felonies, without a doubt. That's not something that can be controverted," LaHood said.
After the trial, Bexar County District Attorney Joe Gonzales said in a statement, "it is our intent to proceed with prosecution of these cases. Because the cases remain pending, I can offer no other comment."
Nearly two months later, on Wednesday, Bexar County Assistant Criminal District Attorney Daryl Harris filed a motion to dismiss the case against Thomas Villarreal due to "Insufficient Evidence."
LaHood said he had hoped charges would be dropped against both officers and he didn't know why the DA's office waited so long to make the decision on Villarreal's case.
"The same evidence that was known then is known now," LaHood said. "Nothing changed."
KENS 5 asked the DA's office for a statement on the decision. Assistant District Attorney Harris provided the following statement:
“Upon review of evidence and trial testimony, our office has determined it appropriate to dismiss charges against defendant Thomas Villarreal. Charges against defendant Carlos Castro remain,” Harris said via email.
Villareal will now likely have the option to return to his job, though LaHood said he will need to pray and speak with his family before doing so.
While Harris said the charges against Castro "remain," another court document shows that Harris filed a motion to dismiss the case against Castro because the case would be re-indicted.
LaHood said this likely meant the prosecutor would change the charges against Castro, though he didn't know what the new changes would look like. Regardless, LaHood said they would be ready to defend Castro again.
"Mr. Castro is as innocent as he was before the trial, during the trial, and he maintains his innocence and so do we. So we will be very ready to try that case if we have to," LaHood said.