SAN ANTONIO — The past two weeks of officer-involved shootings have renewed the debate between San Antonio police and the Bexar District Attorney's office on what can legally be done to prevent repeat violent offenders from ending up on the streets of San Antonio.
San Antonio Police Chief William McManus stressed yet again Tuesday night his frustrations after an officer was shot on the southwest side. The wanted suspect, Dominick Rubio, surrendered to police after several hours.
“They are ticking time bombs,” McManus said. “We can’t continue to endanger the public by leaving these people on the street.”
In an emailed statement Wednesday, Bexar County District Attorney Joe Gonzales commented on SAPD's lack of resources that he said prevented Rubio from being locked up sooner. He said SAPD disbanded the Repeat Offender Program as part of a reorganization effort by Chief McManus in 2022. The ROP Unit was made up of detectives trained to track down repeat offenders. Here's the full statement:
“At the request of my office, a motion to revoke was filed and a warrant was issued for the arrest of Dominick Rubio on August 3, 2023. On August 31, 2023, SAPD was called to a possible crime scene. As a result of the SAPD investigation at the site, SAPD obtained a second warrant for Rubio. However, the original arrest warrant was still outstanding and had not been served.
Entirely by chance, Dominick Rubio was spotted on September 5, 2023, by an SAPD officer who had previous experience with him and who knew he was wanted. During the ensuing effort to arrest Rubio, an SAPD officer was shot.
The execution of warrants, the arrest of offenders, and responsibility to return defendants to jail pursuant to a court’s order – these are law enforcement functions. Previously, the SAPD had a dedicated Repeat Offender Program (ROP). The ROP Unit was a specialized unit made up of detectives trained to track down wanted people – particularly repeat offenders. Arresting repeat offenders was their focus.
The SAPD disbanded the ROP Unit as part of a reorganization by Chief McManus in 2022. The responsibilities of the ROP were assigned to the SAPD’s Covert Response Unit – which is already overburdened with narcotics investigations, gambling investigations, undercover operations, and bar inspections. The Covert Response Unit is also responsible for investigating retail theft, business theft, prostitution, digital/child exploitation crimes, sexually oriented business inspections, and enforcement of tobacco and e-cigarette sales. See https://www.sa.gov/Directory/Departments/SAPD/About/Divisions/Covert-Response-Unit
Over 30 days had passed since the original warrant seeking Dominick Rubio’s arrest and detention had been issued. Nearly a week had gone by since SAPD had issued a second warrant for Rubio. Rubio should have been in jail long before yesterday’s shooting – and it was the SAPD’s job to search for him, serve the warrant, and get him there."
On Tuesday, Gonzales provided a statement in reference to the robbery suspect killed by police on Labor Day who were attempting to execute an arrest warrant.
Gonzales said several of Jacob String’s criminal cases were dropped because of insufficient evidence provided by SAPD.
"We prioritize public safety and the safety of all our first responders. Our office is committed to pursuing justice – but we cannot proceed without evidence. In fact, prosecuting a defendant without having evidence is not only a violation of our oath, but it also potentially subjects to the city, county, and the individual law enforcement personnel to liability for wrongful prosecution," Gonzales said.
String got out of prison on May 15, 2023, after he served time for the offense of evading arrest with a vehicle. The decision to release him from prison was made by the Texas Board of Pardons and Paroles.
“Sometimes a witness won’t show up, you’ll lose someone, their stories may change. In those situations, I don’t see what the solution would be other than dismissing the case if you can’t prove it,” said Michael Smith, law professor at St. Mary’s University.
Smith said the vast majority of people released on bail pre-trial don’t commit further violent acts. But the suspects carrying out violent crimes stand out, which leads Smith to believe there could be a reallocation of resources within SAPD and the DA’s office.
“The police say we need more officers on the street to find these people and to track them down and the DA saying maybe we need more attorneys in court to prosecute this to do the leg work to establish the proof,” Smith said.
McManus said Tuesday night, he’s not letting SAPD accept blame for cases being dismissed against repeat offenders.