Former San Antonio Police Officer Michael Brewer, fired June 30, 2020, after police said he used unnecessary violence during an arrest in 2019, was cleared of the felony charge against him Monday after the case was dismissed.
Courtesy SAPD

San Antonio Express-News 
Elizabeth Zavala
May 01, 2023 at 07:59PM

A judge has tossed a felony charge of unlawful restraint against a former San Antonio police officer who allegedly placed his knee on the head and neck of a man during a 2019 arrest, court records show. 

State District Judge Kristina Escalona dismissed the charge against Michael Angel Brewer, 35, on Monday in response to a motion by a prosecutor in the Bexar County District Attorney’s Office, David H. Cavazos IV.

Cavazos stated that prosecutors were “unable to prove elements of the offense beyond a reasonable doubt.”

An indictment had charged Brewer with unlawful restraint that exposed a complainant to a risk of serious bodily injury. It stemmed from a Nov. 26, 2019, incident in which Brewer helped arrest Matthew Garza.

Garza, now 33, pleaded guilty in January 2022 to evading arrest/detention and was sentenced to two years of deferred adjudication probation, which was to be completed in 2024, court records indicate. On March 1 of this year, his probation was dismissed and the case closed.

Brewer and another SAPD officer, Andre Vargas, had responded to a report of a disturbance at Commercial Avenue and Grosvenor Boulevard on the South Side. Police officials said at the time that Brewer used “unnecessary physical violence” when he placed his left knee on Garza’s neck and that Garza “appeared to provide no resistance.” 

Brewer’s attorney, Ben Sifuentes, had harsh words Monday for Police Chief William McManus and the DA’s Office. He said Brewer did nothing wrong and should never have been charged or lost his job.

“McManus told the public my client did something he did not do,” Sifuentes said, calling the allegation that Brewer knelt on Garza’s neck a “total falsehood” and citing video footage from three police body cameras. 

The DA’s Office had no immediate comment.

SAPD records indicate Brewer and Vargas were fired over the incident. Vargas, who was not criminally charged, was fired for using “unnecessary force when he lifted (Garza) off the ground in handcuffs by his arms, causing him unnecessary and unwarranted pain,” records show. 

Sifuentes said that statutes of limitation expired on charges that the DA's Office wanted to pursue, so prosecutors filed a charge that does not apply to officers making a lawful arrest.

“They tried to allege it was a felony because of the risk of serious bodily injury, and that was based on a false statement,” Sifuentes said.

He said Garza was arrested for allegations of family violence during a child custody dispute. Sifuentes said the fact that Garza admitted guilt was further evidence Brewer should never have been charged.

“I don’t know how this case was indicted,” Sifuentes said. “It is a terrible, terrible shame.”

Asked for comment, an SAPD public information officer said via email: “The San Antonio Police Department acknowledges the District Attorney’s decision to dismiss this case. The SAPD stands by its decision to fire Michael Brewer.”

Sifuentes said Brewer will seek to get his job back.

ezavala@express-news.net | Twitter: @elizabeth2863