SAN ANTONIO — A San Antonio judge has been recused from overseeing the trial of three ex-SAPD officers charged in the deadly 2023 shooting of a woman, delaying proceedings that were set to begin this week.
Judge Sid Harle of the 4th Administrative Judicial Region granted the motion filed jointly by attorneys representing Eleazar Alejandro, Alfred Flores and Nathaniel Villalobos, who shot and killed 43-year-old Melissa Perez amid a reported mental health crisis. The motion removes Judge Stephanie Boyd of the 187th Criminal District Court from presiding over the trial, the new start date of which is unknown.
It's also unknown which judge will take Boyd's place.
The motion came after a complaint was filed by Villalobos' attorney, Jason Goss, to the Texas State Commission on Judicial Conduct in 2023. The argument set forth by the defense centered around questions of bias and concerns that Boyd couldn’t be impartial during the trial.
That 2023 complaint pointed to Boyd denying motions for continuance despite limited availability of expert witnesses and her YouTube channel where proceedings in Boyd’s courtroom are livestreamed. She was accused, as a result, of having a particular bias against Goss.
What cemented Harle's decision was testimony from the state. The lead prosecutor said he was upset that Boyd wasn't granting motions to delay the trial so they could have enough time to review key evidence. He also brought up concerns that if they weren't ready for this trial, it could result in a second one which could, he argued, cause more pain for Perez's family.
Boyd walked into the courtroom at one point during Thursday’s hearing and was asked to leave after a few seconds.
It’s now unclear when the former officers’ trial could start, but their individual attorneys have entered into an agreement that allows them to share resources and present a joint defense when the time comes.
Nico LaHood who represents Villalobos said this ruling is significant for both the state and defense.
"They were still turning evidence over of exculpatory nature of brady material over to us as of the day that the case was supposed to go to trial and pick a jury and so you just can’t have that," LaHood said.
Flores and Alejandro are being charged with murder, while Villalobos is charged with aggravated assault with a deadly weapon. The three suspects could face five to 99 years in prison if found guilty.
Alexis Tovar, Perez’s daughter, was in court Thursday for the hearing. She told KENS 5 off camera she is okay with the decision in order to give the state prosecutors enough time. Ultimately she just wants justice for her mother and closure for her family.
Deadly action
The shooting happened last year in June at an apartment complex on the south side.
Alejandro, Villalobos and Flores showed up to Perez's apartment complex last year on June 23, 2023 around 2 a.m. Police at the time said she was tinkering with her fire alarm, prompting an alert and law enforcement response. There's footage of an officer jumping onto her patio, attempting to enter through her window.
Perez could be seen in body camera video throwing her hammer at the window and receiving a warning. When she threw it again, the officers opened fire, killing her. They would go on to be indicted in December and have been on indefinite suspension without pay from the department.
Perez's family says she was having a schizophrenic episode when she was killed and has filed a wrongful death lawsuit.
We spoke in July with Perez's family, who are still processing their loss.
"I have a daughter now, so having my daughter and hugging her makes me emotional because I wish I could hug my mom," said Tovar. "My mom deserves justice, and we won't stop until we get it."
