SAN ANTONIO — The family of a woman shot and killed Friday is taking action against the officers accused of shooting her.
On Sunday, June 25, an attorney for the family of 46-year Melissa Perez announced plans to file lawsuit against San Antonio police. The civil suit will name the three officers involved: Sergeant Alfred Flores, Officer Eleazar Alejandro and Officer Nathaniel Villalobos. The now-suspended officers are accused of murdering Perez in her apartment on the city's southwest side.
Hours after the deadly shooting, Chief William McManus said the use of deadly force was "not reasonable" as it appeared Perez was having a mental health episode.
Officers received a call just after midnight Friday about a woman destroying a fire alarm at an apartment off Old Pearsall Road. Police tried to put her in a patrol car but she ran into her apartment.
Body camera footage, which was released by SAPD late Friday, eventually shows a police officer enter her patio and attempt to gain entry through a window. In the video, you can hear Perez speak to the officer, and he tells her 'You're going to get shot'.
Police said about twenty minutes later Perez swung a hammer, which hit a window and led one of the officers to shoot. When Perez swung a second time, all three officers fired their guns and killed her.
After reviewing footage, McManus suspended the officers without pay, and said the shooting was inconsistent with the department's policy and training.
"Strong evidence" against officers, lawyer says
Attorney Dan Packard with Packard Law Firm also reviewed the body camera video and found it troubling.
"We are not talking about a rogue officer who just lost his mind or got mad. We're talking about three officers who thought it was OK to gun this woman down in her own home," said Packard.
Packard confirmed Perez suffered from mental illness, and said officers should've called in help from a mental health team to de-escalate the situation. A lawsuit against SAPD is forthcoming, and the reason he said they are filing is because the "strong evidence" available.
"We believe that there are systemic problems in the department that allowed this to happen. And unless the city is held accountable for its contribution to this horrible incident, then no change will take place," he said.
Packard said the woman's children are experiencing inexpressible grief, and they hope a lawsuit will create change in the department. The woman's oldest daughter Alexis Tovar gave a brief statement on camera, and said her mom's death was a tragedy.
"We are heartbroken by the actions of these three police officers," said Tovar.
Bexar County District Attorney Joe Gonzales released the following statement the Monday after the shooting:
"This past weekend, the San Antonio Police Department obtained arrest warrants for three officers involved in the fatal shooting of Ms. Melissa Perez on Old Pearsall Road. The officers have since been arrested, and all three have posted bond and been released.
"These cases have been assigned to our Civil Rights Division. This division was created to independently and objectively review allegations of excessive use of force by law enforcement and prosecute those cases when the evidence supports prosecution. The Civil Rights Division responded to the scene of this shooting and have been in communication with the San Antonio Police Department about these cases. Once SAPD completes their investigation, the Civil Rights Division will fully review the evidence and prepare the cases for presentation to the Grand Jury.
"As the investigation remains ongoing, we kindly urge all members of our community to support one another while we await additional information.
"Our office cannot comment on the facts surrounding the charges because these are active and pending cases.
"Our office extends heartfelt condolences to the family and loved ones of Ms. Perez, who tragically lost her life."
'We are horrified'
On June 28, five days after Perez was killed, her family said in a statement that they were "horrified by the events that led to the unnecessary death of our mother."
"We loved her dearly, and we are having a very difficult time processing the events surrounding her death," the family went on to say. "We hope that our mother’s memory can inspire our community to come together and demand the needed changes within SAPD. We ask for your prayers and support during this difficult time.”