August 31, 2023

Joe D. Gonzales
District Attorney
Bexar County Criminal District Attorney’s Office
101 W. Nueva, Paul Elizondo Tower 4th Floor
San Antonio, TX 78205

Dear District Attorney Gonzales,

As you know, recently a repeat criminal who was released from jail on bail fired upon and injured
three San Antonio Police Department (SAPD) officers. This tragedy is neither acceptable nor
unforeseeable, and is a direct consequence of lax bail policies that threaten the safety of Bexar
County residents and our law enforcement officers. Indeed, just yesterday, two SAPD officers were
hospitalized with gunshot wounds sustained from suspects with reported criminal histories.

On August 24, 2023, SAPD officers attempted to arrest Jesse Garcia Jr., a career criminal, after his
bail bondsman lost contact with him.1 The incident led to Garcia opening fire on three officers and
carjacking a motorist at gunpoint, culminating in a four-hour standoff before police arrested him.
Two of the officers involved were hospitalized with injuries sustained from bullet wounds – one
was shot in the face and the other in the torso, according to reports.2 Thankfully, both have been
released from the hospital, but this situation could have been avoided entirely.

At the time of the incident, Garcia was out on two bonds for multiple crimes, including burglary
of a vehicle, evading arrest in a vehicle, and being a felon in possession of a firearm. Additionally,
Garcia’s criminal record dates to 2015, and includes convictions for firearms offenses, drug
possession, and providing false identification to police.3

This is not an isolated incident. Just yesterday, there were two separate arrest attempts in which
SAPD officers sustained gunshot wounds, sending two officers to the hospital.4 While details on
both events are still emerging, both suspects appear to have been allowed to freely roam the streets
despite having extensive criminal histories.5

San Antonio Police Chief Bill McManus rightfully questioned why individuals with criminal
histories as extensive as Garcia and the suspects involved in yesterday’s incidents would be
1
https://www.expressnews.com/news/article/jesse-garcia-jr-officers-released-18334528.php
2
https://www.ksat.com/news/local/2023/08/29/sapd-releases-names-of-officers-shot-in-
standoff/?utm_source=twitter&utm_medium=social&utm_campaign=snd&utm_content=ksat12
3
https://www.washingtontimes.com/news/2023/aug/27/shooting-two-cops-case-which-suspect-was-free-bail/
4
https://www.kens5.com/article/news/local/public-safety/sapd-san-antonio-police-shooting-wednesday-night-texas/273-08f77b85-faa6-4c14-
bdcd-b39df55bf7ec
5
https://www.kens5.com/article/news/local/public-safety/sapd-police-highway-i-10-texas-san-antonio/273-c9a67fc8-06cc-473c-976b-
76953897bced
allowed back on the streets.6,7 So, that is my question to you, and to the entire leadership of San
Antonio – why? Is it your office’s preferred policy to release dangerous criminals on the streets?
Is it the city leadership’s preference, and you agree? Disagree? The families of these officers and
the people of San Antonio deserve to know the answers to these questions and more, for example:

• What is your office’s current policy on allowing prosecutors to object to low bond amounts
or calling for no bonds for certain defendants? Do you intend to update this policy in the
wake of these incidents? What bond amount did your office recommend in Garcia’s case?

• What is your office currently doing to ensure violent, career criminals are not benefitting
from lenient bond policies?

• Has your office collaborated with county criminal judges to ensure safety risk is factored
when determining bond for a defendant?

• In an October 2018 op-ed, you wrote, “my office would only seek to hold someone in jail
before trial when we are seeking confinement as punishment for that defendant.”8 Please
explain why your office did not seek to confine an offender like Jesse Garcia Jr., who was
allowed to post bail despite his extensive criminal record?

• Is it your belief that Jesse Garcia Jr. had been rehabilitated according to the “rehabilitative
justice” model you support prior to his being released from jail?

It should be your top priority as District Attorney to direct your prosecutors to push for appropriate
bonds, or recommend no bail at all, for public safety risks like Garcia. Moreover, these instances
of jailbreak needlessly put the brave men and women of law enforcement in harm’s way, which
diminishes the trust of the entire community in the safety of San Antonio and Bexar County.

So kindly advise as to the intentions of your office before we consider any future federal grants or
other requests for federal resources. It’s bad enough our law enforcement community faces annual
attacks at the ballot box and assaults on their reputation – but it’s flat out unacceptable to have
fellow city “leaders” endangering them on the streets.

Sincerely,

Chip Roy
Member of Congress

6
https://twitter.com/Chief_McManus/status/1695077334544474491
7
https://www.kens5.com/article/news/local/public-safety/sapd-san-antonio-police-shooting-wednesday-night-texas/273-08f77b85-faa6-4c14-
bdcd-b39df55bf7ec
8
https://sanantonioreport.org/rehabilitative-justice-bail-bond-reform-will-make-bexar-county-safer-more-equitable/