WINDCREST, Texas – Dashboard camera video obtained by the KSAT 12 Defenders shows a Windcrest police officer kicking a suspect in the ribs earlier this year even though he was on his stomach with his hands out to his sides.
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The city of Windcrest released footage of the March 15 incident in October as part of a series of record releases related to the arrest of Andrew Navarro.
The officer seen on video delivering the kick, Brenna Torres, was cleared of wrongdoing by both the Windcrest Police Department and the Bexar County District Attorney's Office.
"She used the force necessary to effect the arrest," Windcrest Police Chief A.O. "Al" Ballew said via telephone.
Ballew declined repeated requests for an on-camera interview for this story, and instead released a more thorough written statement hours before our story aired:
This case was reviewed in its entirety by the Windcrest Police Department Professional Standards Unit as are all cases involving the use of force. The officer was exonerated of excessive use of force and was found to have used the force necessary to affect (sic) the arrest of a non-compliant suspect. This case was also reviewed in its entirety by the Bexar County District Attorney's Office - Public Integrity Unit and it was found that the case did not warrant further criminal investigation and was closed.
Footage from Torres' patrol vehicle shows her pull up behind Navarro as he walked down the middle of the 5100 block of Walzem Road around 9:30 p.m.
She had originally been responding to a call for a suspicious person.
Navarro did not respond to requests from Torres to stop walking, given over the vehicle's public address system.
Navarro then ran away from Torres, who turned the vehicle around, then got out and ran after him.
"I got freaked out because I was drunk, you know," said Navarro after watching footage of the incident for the first time.
The camera in Torres' patrol vehicle did not capture footage of the brief foot pursuit.
However, the end of it was captured on the dash camera of a supervisor responding to the scene.
As the corporal pulls into a strip center, the footage shows Torres delivering a kick to Navarro's rib cage.
Navarro's legs then lift into the air.
He told The Defenders his legs lifted up as Torres delivered another shock from her Taser.
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An incident report indicates that only one Taser prong stuck in Navarro's back and that he pulled it out and kept running away.
Torres' second Taser attempt worked, as both prongs stuck in his back and she was able to deliver a shock.
Navarro then "fell straight forward," according to the report.
A use of force report for the arrest indicates that Torres used her "Feet/Legs."
However, the department's incident report makes no mention of the kick.
Navarro, whose Bexar County criminal history includes four incidents in which he's resisted or evaded arrest, admits to running from Torres because he was disoriented and wanted to get home.
Navarro said at no point did he raise his arms at Torres or try to engage her in physical contact.
"It's messed up. It's got to be some kind of violation," said Navarro.
"It's upsetting, because these are people that are supposed to protect you and then they are making your lives worse," said Navarro's wife, Jennifer.
Navarro said he suffered a chipped tooth as well as bruising on various parts of his body during the incident.
The footage shows him being treated at the scene by paramedics before being taken to jail.
Navarro can be heard groaning in pain as he's loaded into Torres' patrol vehicle.
He pleaded no contest to evading arrest in April and spent more than 40 days in jail.
Court records show Navarro was arrested on an unrelated theft warrant last week.
He and his wife said they are contemplating whether to pursue legal action against Torres and the Windcrest Police Department.
State law enforcement records indicate Torres had been on the job about nine months when the incident happened.