DALLAS — Dallas Police Chief Eddie Garcia and the Dallas Police Association reacted to the news that two Dallas SWAT officers were charged in connection with protests in the summer of 2020.
Dallas District Attorney John Creuzot’s office directly charged the officers before taking any of the felony cases to a grand jury.
The charges against Sr. Cpl. Melvin Williams and Sr. Cpl. Ryan Mabry were outlined in multiple probable cause affidavits.
Brandon Saenz is one of the complainants in the case. He was hit with a 40-millimeter sponge round on May 30, 2020, as he protested near Dallas City Hall.
"Then all of a sudden I heard a boom and I got heat,” said Saenz.
Court documents say that round was fired by Dallas SWAT officer Sr. Cpl. Ryan Mabry.
Mabry was charged with aggravated assault with a deadly weapon and official oppression in Saenz' case and two other cases.
“When I broke the news to Brandon, the very first thing he did was cry,” said Daryl Washington, Saenz’ attorney.
Creuzot also filed the same charges against Senior Cpl. Melvin Williams in three other cases. He said both officers used excessive force.
In one of the arrest affidavits, Mabry and Williams are accused of firing sponge rounds at protester David McKee.
The affidavits states, “McKee was holding a white cardboard sign on the sidewalk complying with an order to back away.”
Body camera footage showed Mabry enter the field of view, then raise and point and shoot one round from a 40mm launcher containing an impact foam projectile in the direction of complainant McKee.
The affidavit goes on to say body camera footage also captured, "Officer Williams opening his 40 mm launcher and removing a spent cartridge from the launcher."
McKee told investigators, “the first shot went through his carboard sign and struck his right bicep, and the second shot, fired moments after the first shot, struck his left testicle and thigh, and that the injury to his left testicle required surgery.”
The Dallas Police Association defended the officers, saying it’s been two years since the protests and they question why the DA waited until now to file charges. The association feels the charges won’t stand up in court.
“The level of charges placed against these officers are so overreaching, and obviously politically motivated and timed for the upcoming primary that we must bring to the attention of the public,” said Mike Mata, DPA president.
The DPA provided pictures to the media of police cars that were damaged and said they were under attack. They said two officers had to be rescued by SWAT team members after a car was surrounded and damaged by protesters, and they called for an officer assist.
“Throughout that, they say they were being pelted with rocks, bricks, frozen bottles. That is not a peaceful protest, that is riot,” said Mata.
WFAA sat down for a one-on-one with Dallas Police Chief Eddie Garcia to ask what he thinks of the charges.
"Did we make mistakes? Absolutely, we did. Did the mistakes we did rise to the level of criminal culpability? I guess we will soon see,” said Garcia.
Garcia said he was not the chief at the time this happened and is reviewing some of the cases and evidence.
“There are incidents that I’m not pleased with that we are looking at,” said Garcia.
He said he also wants the public to know that more than 20 officers were also injured and in the midst of it all, the majority did their jobs.
"Where thousands of staff hours and hundreds of officers acted honorably in the defense of the city and defense of the people,” said Garcia.
Garcia said he’s not afraid to hold officers accountable. In the last week, he’s fired four officers in unrelated cases.
“The message really to our community is to know that although there is some negative light shown at DPD in light of those riots and protests, that they had hundreds of officers in the midst of chaos that were professional and did their duty to defend this city.”
Those injured and their attorneys said they want to know why the Dallas Police Department didn’t charge their officers, and they applauded the DA for conducting independent investigations and bringing charges.
"It’s life changing the injures that they are dealing with. They are injuries that they have to look at when they wake up in the morning and go to sleep at night, and we want to thank District Attorney Creuzot."
The Dallas Police Association said they don’t believe some of the charges will stick, because in at least two cases, they can’t identify a victim. There is only video.
“It’s difficult to sustain a charge when you have no complainant, you have to have an act that someone was violated and felt pain and you don’t have that,” said Mata.
The DA filed several misdemeanor charges and some felony cases. The felony cases still have to go before a grand jury to determine if there is enough evidence to go to trial.
Both officers have turned themselves in. Williams has already been fired in a different case involving excessive force. Mabry is on administrative leave while the Dallas Police Department conducts an internal investigation.
An attorney representing Williams issued the following statement to WFAA: "Melvin and his fellow SWAT team members were only called into action once the protests had turned into violent riots. His options were simple: do nothing, allow downtown to burn and his fellow officers to get injured, or use the tools that he was provided and called on to use by his command staff to suppress the ongoing riots. He obviously chose the latter and now faces absurd criminal charges for lawfully targeting individuals that were clearly agitators."
Added the attorney: "The PC affidavits put a creative spin on these events. This false narrative will be completely eviscerated through the presentation of facts and evidence in a court of law."