Questioning of SAPD officer continues in Day 4 of ex-officers charged in Melissa Perez’s death

Only one witness took the stand during the nearly four-and-a-half full hours of testimony on Tuesday afternoon and evening.

San Antonio police officer Jesus Rojas, who first took the stand on Monday, was cross-examined by Bexar County prosecutor David Lunan as well as defense attorneys Nico LaHood and Ben Sifuentes on Tuesday.

Eleazar Alejandro, Alfred Flores and Nathaniel Villalobos were each charged in connection with Melissa Perez’s June 2023 death during a mental health call at the apartment.

The department has since terminated all three officers from the force.

Rojas began Wednesday back on the stand.

Below is a timeline of events from Wednesday’s court proceedings.

1:07 p.m. – The prosecution and defense attorneys were present for a hearing held without the presence of jurors.

Jason Goss, a defense attorney for ex-SAPD officer Nathaniel Villalobos, spoke on behalf of each defense team.

Goss asked the court for the prosecution to make a consistent argument regarding police warrants in front of jurors.

“The law does not require officers to get a warrant in these circumstances,” Goss said to Judge Ron Rangel, who is presiding over this case. “The fact that they (the prosecution) keep insisting through their witnesses that that is the case — and with that juror note that we got yesterday premature — but it’s clear that it’s actually having an effect on the jurors’ consideration.”

Goss said he would like to have a hearing in court to determine “what the law is.”

1:16 p.m. – Bexar County Felony Criminal Trial Division Chief David Lunan, who is also prosecuting this case, defended the state against Goss’ claim.

“The fact that they (the defense) don’t like that the law, under the Texas Code of Criminal Procedure, says that police have no authority to arrest someone inside their homes without either consent, a warrant or an exigency. That’s what the code says, Your Honor. … We’re not making this up.”

1:20 p.m. – Nico LaHood, the former Bexar County District Attorney who is also representing Villalobos, then asked Rangel if it was appropriate for Perez “use harm” against the officers.

“This underlining theme that they’re (the prosecution) trying to thread through this trial is it’s an ‘illegal entry,’ and they (the officers) ‘needed a warrant,’” LaHood said. “Therefore, she (Perez) can use a hammer to defend her property. That’s insane. And, David (Lunan), you know it’s insane.”

“I do not know (that) that’s insane,” Lunan responded.

“Yes, you do, sir,” LaHood said. “And so, that’s what the problem here is, judge.”

1:36 p.m. – Rangel denied Goss’ original argument about the law. The judge also granted the defense’s objection to prosecutors describing the Perez incident as an “unlawful arrest.”

1:48 p.m. – Jurors entered the courtroom. SAPD officer Jesus Rojas took the stand for the third time in three days. His cross-examination by defense attorney Ben Sifuentes continued.

Tuesday’s court proceedings

Rojas and fellow responding officer Robert Ramos were at Melissa Perez’s Southwest Side apartment more than an hour before she was shot and killed by SAPD.

The court watched body-worn camera footage from Ramos, who was heard asking Perez if she was “a gang member” because she looked “like a gang member.”

LaHood and Sifuentes questioned Rojas as to why, among other things, Perez was not detained despite he and Ramos chasing after her.

LaHood then accused Rojas and Ramos of violating SAPD policy when they chased after Perez because, according to LaHood, their manual “does not say that cops can just chase after free people.”

“I’d have to read the policy,” Rojas told the court.

LaHood represents former SAPD officer Nathaniel Villalobos, who is facing an aggravated assault by a public servant charge. If convicted, Villalobos could be sentenced to life in prison.

Sifuentes is a co-defense attorney for ex-SAPD officer Eleazar Alejandro, whose murder charge could also carry a maximum life sentence upon conviction. Alfred Flores, a former SAPD sergeant, is also facing a murder charge and, if convicted, a potential life sentence.

Background

On June 23, 2023, Perez, 46, experienced a mental health crisis inside her Southwest Side apartment, where SAPD body camera footage showed she was fatally shot by ex-SAPD officers Eleazar Alejandro, Alfred Flores and Nathaniel Villalobos.

The case drew widespread attention and sparked debate over police response protocols.

Alejandro, Flores and Villalobos each face charges in connection with Perez’s death.

All three charged will be tried together, which will make for a packed courtroom.

Former prosecutor-turned-defense attorney Meredith Chacon said the plan to try all three together means each defense team has agreed on some kind of joint strategy.

“It indicates a sharing of resources, and they’re all working together on this defense,” Chacon said.

Each defendant has their own team of lawyers:

Alfred Flores is represented by Thom Nisbet, Christian Neumann and David Christian
Eleazar Alejandro is represented by Ben Sifuentes and Mario Del Prado, a former division chief in the Bexar County District Attorney’s Office
Nathaniel Villalobos is represented by former Bexar County District Attorney Nico LaHood and his law partners Jay Norton, Jason Goss and Patrick Ballantyne

As for the state, prosecutors include Felony Criminal Trial Division Chief David Lunan and Daryl Harris.

The trial is being presided over by Judge Ron Rangel of the 379th Criminal District Court.

On Wednesday, ahead of jury selection, a pretrial hearing became heated as attorneys sparred over key issues ahead of the trial. Defense attorneys argued with prosecutors over which evidence and legal arguments should be allowed during the proceedings.

Among the issues discussed was a federal judge’s recent decision to dismiss a civil lawsuit against the officers — a ruling the defense wants jurors to hear about. Prosecutors opposed that motion.

Defense attorneys also objected to any discussion of the Castle Doctrine, or “protection of property” laws, during the trial. They argued it is irrelevant to the facts of the case.

Rangel has yet to rule on those motions.

If convicted, Flores and Alejandro each face up to life in prison. Villalobos, who is facing an aggravated assault by a public servant charge, also faces a maximum sentence of life in prison.

For a full look back at this case, watch our KSAT Open Court video below:

More recent coverage of this trial on KSAT: