SAN ANTONIO – Newly inducted Bexar County District Attorney Nico LaHood has recused himself from the case involving a former Bexar County deputy accused of murder.
Anthony Thomas, 38, is accused of shooting and killing Matthew Jackson, 29, after the two got into a car crash on August 31, 2013, along Loop 1604 near Lookout Road.
Thomas says he felt threatened when Jackson approached his vehicle.
According the District Attorney's Office, Thomas fired once, killing Jackson.
LaHood says he had to recuse himself from the case because he had previous interactions with Thomas before he was elected district attorney.
"After the incident, Mr. Thomas came to myself and, at the time, my law partner to talk about the incident. So we actually could have potentially represented him throughout these proceedings. This was way before he was indicted," LaHood said. "He expressed his feelings, his thoughts, his version of the story and really it covered a lot of attorney-client privilege. And so it's only appropriate to remove myself from that situation. It's only right."
Tim Maloney, the attorney representing the Jackson family, says he was disappointed to hear of the recusal but knows it was mandated by law.
"We're hopeful that the special prosecutor will be as vigorous as we know the new DA would've been," Maloney said. "Depending on who we get and depending on who that's going to be, we're going to be optimistic that it's going to go forward and Mr. Thomas will wind up in jail for a very long period of time."
Jackson was not armed at the time of the shooting.
The judge presiding over the case will appoint an attorney pro tem in LaHood's stead. That attorney will not be selected from within the Bexar County District Attorney's Office and will not answer to LaHood.
The trial of Thomas was set to begin Monday.