SAN ANTONIO – A lawsuit filed in federal court this month accuses a Bexar County Sheriff’s deputy of having a propensity toward violence when he shot and injured an unarmed motorist during a traffic stop in December 2018.
The suit was filed against Sheriff Javier Salazar and names the deputy only as “Officer X.”
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BCSO officials on Thursday confirmed Bill Day was the deputy responsible for the shooting of motorist Mario Espinosa Jr.
Espinosa, 41, suffered damage to his intestine and diaphragm and is currently awaiting surgery while in custody of the Texas Department of Criminal Justice after Day shot him once in the chest, the lawsuit states.
A passenger in the truck driven by Espinosa was not injured during the shooting.
The traffic stop
Espinosa and a friend had just purchased two used transmissions for the truck Espinosa was driving when Day stopped them December 5, 2018 around 4:30 p.m. in the 1000 block of Rockport Road, in far southwest Bexar County.
After Espinosa handed Day his Texas identification card and insurance paperwork, Day received confirmation that Espinosa had an active felony warrant for drug possession and a misdemeanor warrant for driving without a license, the suit states.
The suit claims Day returned to Espinosa’s truck with his gun drawn and told Espinosa he was under arrest.
As Espinosa attempted to put the truck into park, it slipped into gear and lunged forward, according to the lawsuit.
The suit claims as Espinosa continued to try to put the truck into park, Day threatened to shoot Espinosa and then fired a shot into the truck’s engine.
‘Don’t shoot me’: Deputy shoots man after believing he had weapon, officials say
The passenger got out of the truck and laid on the ground, while Espinosa got out and moved toward the back of the vehicle while fearing for his life, the suit states.
“Officer X was angry; screamed racial epithets simultaneously with commands to get down and threats that Officer X will shoot Espinosa,” according to the suit.
Espinosa then moved around and entered the passenger side of the vehicle in order to protect himself, at which point Day shot him, according to the suit.
The impact of the bullet threw Espinosa out the driver’s side door of the truck and as he attempted to apply pressure to the exit wound on his ribcage, Day pulled his hands away and put him in handcuffs, the suit states.
At the scene, BCSO Assistant Chief Deputy Dale Bennett told the media the deputy fired at Espinosa after believing he was reaching for a weapon.
The suit states that Espinosa was actually unarmed.
BCSO officials declined official comment on the lawsuit Thursday and referred inquiries to the Bexar County District Attorney’s Office.
A spokesperson for the district attorney’s office said via email Thursday the office could not comment on pending litigation.
The KSAT 12 Defenders could find no court record of Espinosa ever being charged in connection to the shooting incident.
The lawsuit seeks damages between $200,000 and $500,000.
A county source said Day remains employed by BCSO.