SAN ANTONIO – An attorney for a San Antonio police officer fired in 2020 after being accused of injuring a suspect and using profane language during the man’s arrest repeatedly criticized the internal affairs investigation that led to his client’s termination.
SAPD Internal Affairs Sgt. James Sendejo testified for the second consecutive day during the arbitration for fired officer Andre Vargas.
During methodical cross-examination that began on day one of arbitration on Tuesday and continued for much of the day Wednesday, attorney Ben Sifuentes took Sendejo through body-worn camera footage recorded by Vargas in a parking lot near Commercial Ave. and Grosvenor Blvd. on Nov. 26, 2019, as Vargas tried to arrest suspect Matthew Garza.
Sifuentes also had Sendejo analyze much of the subsequent statement given by Garza to internal affairs after he filed a formal complaint in early 2020.
As Sifuentes pointed out time and again, the Vargas case was the first one investigated by Sendejo after being moved to internal affairs.
Vargas and a second officer, Matthew Brewer, were terminated in June 2020 for rules violations, including conduct and behavior and treatment of prisoners.
Brewer was indicted by a grand jury for unlawful restraint last year amid allegations that he kneeled on Garza’s neck during the arrest, but he got the criminal charge dismissed last month.
He has also requested a hearing before a third-party arbitrator at a future date in hopes of being reinstated to SAPD.
SAPD Chief William McManus was scheduled to testify Wednesday morning but left without doing so after an unexplained delay from attorneys representing the city.
An SAPD spokesman said McManus would likely return to testify later in the week.
Sifuentes, despite repeated objections from the city, grilled Sendejo on everything from the angle Garza’s arms were at when Vargas fired a stun gun at him to Sendejo not taking statements from first responders who may have treated Garza at the scene.
While questioned by Sifuentes, Sendejo also acknowledged that he had not thoroughly documented Garza’s injuries and that no evidence was collected indicating that Garza had been deprived of oxygen.
Vargas, according to dash camera and body camera videos, was able to block Garza’s vehicle as he attempted to leave the scene of a custody dispute in a parking lot near Commercial Ave. and Grosvenor Blvd.
Vargas, throughout the footage, repeatedly cursed at Garza and insulted him, criticizing the suspect for attempting to leave the scene.
The testimony of licensed pathologist Dr. Robert Bux included a contention back and forth with the city over whether he had the expertise to discuss law enforcement’s use of force.
Vargas’ arbitration is expected to go through Thursday, if not longer.