WATCH LIVE: Defense to call fourth witness to stand on Day 18 in trial of ex-officers charged in Melissa Perez’s death

One day after calling its first active SAPD officer to testify, the joint defense team is preparing to call its fourth witness to the stand on Wednesday.

Travis Thompson, one of the 15 SAPD responding officers to Melissa Perez’s apartment in 2023, was called to the witness stand on Tuesday afternoon.

Thompson rode along with Nathaniel Villalobos, one of the ex-SAPD officers on trial in Perez’s death, to Perez’s Southwest Side apartment in June 2023.

Thompson’s testimony came after the defense called two former detectives as its first witnesses last Friday and on Monday.

Ex-SAPD officers Eleazar Alejandro, Alfred Flores and Villalobos are on trial for the shooting death of Perez, 46.

KSAT is livestreaming Day 18 of the ex-officers’ trial in this article and on KSAT Plus.

The department has since terminated Alejandro, Flores and Villalobos from the force.

Below is a timeline from Wednesday’s court proceedings.

1:38 p.m. – A hearing was called without the presence of jurors.

Mario Del Prado, a co-defense attorney for ex-SAPD officer Eleazar Alejandro, began addressing the court.

1:39 p.m. – Del Prado announced that he, on behalf of the defendants, filed a motion to allow their next witness to “rely on hearsay” in his testimony “as long as it is reasonable.”

1:46 p.m. – Bexar County co-prosecutor David Lunan responded to Del Prado’s motion.

1:47 p.m. – If the motion were to be granted, Lunan said it would be “an improper comment on the weight of the evidence.”

1:54 p.m. – Rangel granted the defense’s motion as long as they don’t “make any specific reference to” Graham v. Connor, a 1989 Supreme Court case, by name.

Lunan requested that the witness testify without the jury’s presence so that the “court can make a ruling on whether he’s qualified.”

Rangel granted the prosecution’s request.

1:55 p.m. – The state’s next witness, Kendall County Sheriff’s Office Lt. Thomas Matjeka, took the stand.

1:56 p.m. – Jurors entered the courtroom. Rangel swore Matjeka in.

1:58 p.m. – Due to the prosecution’s request, jurors exited the courtroom to hear Matjeka testify.

1:59 p.m. – Lunan began questioning Matjeka.

2:03 p.m. – Matjeka said he reviewed all of the body-worn camera video, witness statements, reports, audit trail logs and any other related report provided by the state in preparation for testimony.

2:13 p.m. – Ben Sifuentes, a co-defense attorney for Alejandro, argued that Lunan’s questioning was veering into “cross-examination.”

Lunan then said he was “comfortable” with Matjeka taking the stand before the presence of jurors.

2:15 p.m. – Jurors reentered the courtroom.

2:16 p.m. – Thom Nisbet, a co-defense attorney for ex-SAPD Sgt. Alfred Flores, began questioning Matjeka.

2:26 p.m. – Matjeka said he created a PowerPoint presentation with still images from different SAPD body-worn camera video as well as a separate analysis to help jurors better understand his testimony.

2:33 p.m. – Matjeka explained to jurors one of the “limitations” of body-worn cameras.

“The other limitation, of course, is distance, which is something that (SAPD) detective (Ronald) Soto testified to,” Matjeka said. “He said, when he looked at the body-worn camera, it didn’t appear that Melissa Perez was that close.”

“But anybody who understands body-worn cameras, and who teaches use of force because this is one of the things we want people to be aware of and officers to be aware of, is the limitations on body-worn camera — with the software, the algorithms, the curved lenses, the quality of the lens that are being used — will create distortion,” Matjeka continued.

2:37 p.m. – In the below photo Matjeka showed to the court, the lieutenant believed Perez may have been ramping up for another attack with the hammer.

“Here, again, we’ve had two swings, two attacks on (SAPD) officer (Jonathan) Salinas already, but, in this particular case, it doesn’t appear that Melissa Perez is willing to stop the attacks,” Matjeka said. “She’s actually backing up. She’s pulling back with her arm again, and maybe preparing for a third strike, but the only reason to pull back like this is to threaten the officer.”

2:42 p.m. – Another slide in Matjeka’s presentation was shown to the court. Perez was seen holding a candle on the slide.

2:43 p.m. – “If you look very closely at this, you can see in the corner where Melissa Perez is,” Matjeka told jurors. “You can see that her entire arm, up to her shoulder, is outside that window. … We’re looking at an arm length of about two feet. Now, add that hammer into that particular arm reach, and her arm reach goes at least, if not farther, to the trim of the door, indicating that window and that wall provide absolutely no protection for an officer who’s there.”

2:56 p.m. – A slide with Villalobos’ body-worn camera at the 1:51 a.m. mark on June 23, 2023, was shown to the court. The ex-officer brandished his gun in the photo.

“Being a Marine (Villalobos), when you’re faced with a deadly threat, this is the same reaction that a Marine would put out as any other person being attacked with a deadly threat,” Matjeka said, in part. “Doesn’t matter what your position is. … His response to that fear, to that deadly attack, was to draw his weapon. It’s a reasonable response under these circumstances.”

3:10 p.m. – Matjeka explained to jurors a kind of “tunnel vision” officers can have when they’re responding to a scene similar to Perez’s apartment.

For his explanation, Matjeka shared a picture from SAPD officer Travis Thompson’s body-worn camera with the picture manipulated to simulate the potential effect of “tunnel vision” of an officer.

“In a tunnel vision situation, you’re (officers) not aware of anything that’s going on around you,” Matjeka said. “We kind of refer to that as ‘inattention to blindness.’”

“I know that in this particular case, Sgt. (Alfred) Flores is here (standing in front of him), but I ain’t looking at him,” Matjeka continued. “Actually, in the time that this is happening, I can’t see him because my attention and my focus is narrowed down to where that particular threat is.”

3:22 p.m. – Another slide with Villalobos’ body-worn camera showed Flores with his weapon drawn toward Perez.

“It’s a startled response to what’s occurring in front of him for that deadly force,” Matjeka said. “And you’ll see (Flores realized) that, ‘Ah, now I’ve got to shoot.’ This is right as (he fires) his first shot.”

3:33 p.m. – A slide from Villalobos’ body-worn camera video was shown to the court. The photo, which was from the 2:02 a.m. mark in his video, shows Villalobos with a Taser in his left and a gun in his right hand.

“That threat is capable of either coming through that door on his right or coming through that window on his left, but I know where she’s at and that threat is ongoing,” Matjeka told the court. “So, I need to stop that threat. … His intent was to stop that particular threat, as it came through.”

3:39 p.m. – Nisbet passed the witness. Rangel instituted a short break.

Jurors exited the courtroom.

3:56 p.m. – Jurors reentered the courtroom.

Background

On June 23, 2023, Melissa 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, making 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.

Ahead of jury selection, a pretrial hearing became heated as attorneys sparred over key issues. 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 the KSAT Open Court video below:

More coverage of this trial on KSAT: