BEXAR COUNTY, Texas – The civil case against three former San Antonio police officers accused of shooting and killing Melissa Perez in her Southwest Side apartment have been dismissed, court records show.
On June 23, 2023, Perez, 46, was experiencing a mental health crisis inside her apartment when SAPD body camera footage showed she was fatally shot by Eleazar Alejandro, Alfred Flores and Nathan Villalobos. All three officers have since been removed from the force.
The dismissal means the plaintiffs, which are listed as relatives of Perez, cannot refile the same claims against the three officers. The judge also dismissed any pending motions and closed the case on Sunday.
It comes about a week before a criminal trial is set to begin in the case.
Alejandro, Flores, Villalobos and the City of San Antonio were listed as defendants in the original civil lawsuit. The judge granted motions to dismiss the plaintiffs’ third amended complaint as well.
“The federal district court heard all of the evidence available and found that these 3 officers did not act unreasonably when they exercised force against Melissa Perez, who was running at them with a hammer,” attorney Nico LaHood told KSAT. “Given the tense, uncertain situation facing the Officer Defendants, the Court should not deem their split-second decision to shoot an unreasonable use of deadly force, despite its tragic consequences.”
In late May, a U.S. Magistrate Judge dismissed Alejandro and Flores from the civil lawsuit and recommended the City of San Antonio be removed as well.
The third ex-SAPD officer, Villalobos, was previously implicated in the suit, but records show Villalobos’ name was also previously thrown from the civil lawsuit.
The judge, who dismissed Alejandro and Flores from the suit in May, wrote that the “excessive-force claim” against the three officers was the “only constitutional violation alleged” in this case.
Despite their dismissals from the lawsuit, Alejandro, Flores and Villalobos are still awaiting trial on criminal charges in connection with Perez’s shooting death.
Bexar County court records show Alejandro and Flores are each facing murder charges, while Villalobos was charged with aggravated assault by a public servant.
The criminal trial for Alejandro, Flores and Villalobos is scheduled to start on Oct. 8.
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