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Local law enforcement agencies slam Bexar County sheriff’s policy that rejects certain inmates from jail

Leaders of local police say the new policy could lead to ‘delayed justice’

BEXAR COUNTY, Texas – Several area law enforcement agencies said a new directive from Bexar County Sheriff Javier Salazar puts public safety at risk.

In a memo sent to Bexar County law enforcement agencies on Oct. 11, Salazar told arresting entities to take suspects to a hospital to be medically screened before being booked into the Bexar County Adult Detention Center.

Suspects with the following medical conditions would be rejected by the jail, according to the new policy:

  • Detoxing from alcohol
  • Detoxing from drugs
  • Insulin-dependent diabetics
  • Need for dialysis

‘They get to go free’

On Oct. 31, Elmendorf Police Chief Marco Peña pulled a man over for speeding on U.S. Highway 181.

The suspect had a suspended license and was out on bond for a family violence charge, according to an incident report obtained by KSAT. That report also said Peña found marijuana and a loaded pistol in the car.

Peña told KSAT Investigates he felt he couldn’t take that suspect to jail because of the new policy. Peña said his officers would have to sit and wait at the hospital for hours.

“I don’t have the manpower,” Peña said.

Instead, Peña filed the case “at-large” with the Bexar County District Attorney’s Office.

“They go on and do their judicial processing to see enough, for example, on the felony case to see if they get indicted or not instead of an onsite arrest,” Peña said.

Peña called it ”delayed justice,” adding that the suspects don’t get arrested on the day of the alleged offense.

“They get to go free,” Peña said.

Salazar defends policy, says 20 inmates rejected so far

“I’m not telling them that they have to release people and file at-large,“ Salazar told KSAT. ”I’m just saying, before we can accept them into the jail, we’re going to need you to go the extra step and get them signed off at the hospital.”

Salazar said the policy was put in place in large part due to inmate deaths at the jail.

In 2023, the Bexar County Sheriff’s Office said 18 people died in jail custody. So far, in 2024, 13 people have died.

“I think it is a part of the solution,” said Salazar.

BCSO said only 20 inmates have been rejected since the policy was put into place last month.

Some of those reasons include:

  • 9 months pregnant, complaints of lower abdominal cramping
  • Head trauma
  • Severely intoxicated, tased in chest
  • Elevated BP, chest pain, SOB
  • Hit by unknown object to left side of torso
  • Elevated BP, need to rule out stroke
  • Cancer with rash/wounds of unknown origin to body
  • Internal heart monitor
  • Involved in MVA, laceration below eyebrow and chin
  • Wheelchair, unable to independently transfer or complete activities of daily living
  • Elevated BP 206/105
  • Rejected x 2, active signs of alcohol withdrawal
  • Cardiac issues with elevated BP 205/119 & 198/132
  • Facial injuries
  • MVA with airbag deployment, abdominal pain
  • MVA with airbag deployment
  • Uncontrolled seizures
  • Possible ingestion of drugs, slurred speech, unsteady gait

SAPD Chief McManus says the new policy isn’t reasonable

San Antonio Police Department officers arrested some of those suspects.

“We wound up having to go to the hospital (and) sit with that prisoner until a deputy finally showed up sometime later,” SAPD Chief William McManus said.

Through open records, KSAT Investigates received a copy of a letter SAPD Deputy Chief Jesse Salame sent to officers days after the policy’s implementation.

Sheriff by akmoreno on Scribd

“This new procedure was not properly communicated to SAPD in advance,” he wrote, adding that McManus called Salazar to inform him the policy is “overly broad, unlawful, and was causing significant operational disruptions for SAPD.”

Further, the letter outlines that SAPD has “valid commitment orders legally transferring custody to the Sheriff.” This means BCSO has a “legal obligation to accept prisoners with valid commitment orders.”

“When you have a commitment order, that arrestee becomes the property, if you will, of the sheriff,” McManus said.

After KSAT’s initial interview with McManus, his office called us back. McManus said he wanted to be more direct.

“Do you think this new policy is reasonable?” KSAT asked.

“In my mind, no,” McManus said. “... If someone is not visibly injured or visibly sick. And no, I don’t think it’s reasonable.”

Peña worries the policy puts the public’s safety at risk.

“It’s concerning when I have to tell the victim it’s going to happen, but it’s going to take more time,“ he said. ”To me, that’s just, it’s just unreal.”

The Alamo Area Police Chiefs Association board told KSAT they’ve invited Sheriff Salazar to attend their meeting in December to address questions about the policy.

Read more reporting on the KSAT Investigates page.


About the Authors
Daniela Ibarra headshot

Daniela Ibarra joined the KSAT News team in July 2023. This isn’t her first time in the KSAT newsroom– the San Antonio native spent the summer of 2017 as an intern. Daniela is a proud Mean Green alum, earning her bachelor’s and master’s degrees from the University of North Texas.

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