Grand jury declines to indict San Antonio police officer for shooting unarmed 13-year-old

A grand jury has declined to indict San Antonio police officer Stephen Ramos for fatally shooting 13-year-old Andre “AJ” Hernandez last year, according to the Bexar County District Attorney’s Office.

“Our system of justice is based on citizen input, yet nothing can repair the pain and loss that AJ Hernandez’s family has endured,” District Attorney Joe Gonzales said in a statement. “A young boy was tragically lost on that day and we know that no mother should ever have to bury their child.”

Police allege that Hernandez was driving a stolen Toyota Camry in Southwest San Antonio on June 3 of last year, when the youth T-boned a police cruiser. Ramos fired into the vehicle, telling authorities that he feared for another officer’s safety.

However, high-profile civil rights attorney Lee Merritt, who’s representing the Hernandez family, painted a very different picture of the events leading up to the youth’s death during a dial-in press conference last summer.

Merritt maintained that Hernandez had pulled into a driveway when the stolen Toyota was “boxed in” by an unnamed officer’s Chevy Tahoe police cruiser. The car then collided with the police cruiser at a “low rate of speed,” the attorney argued.

Police initially said the Chevy Tahoe sustained damage from the collision, an allegation disputed by Merritt and a witness who previously told the Express-News that he didn’t see any damage.

Ramos, who arrived in another police vehicle, got out and fired into the car driven by Hernandez, even though the other officer — whom Ramos claims was in immediate danger — was engaging with the suspect and already had his gun drawn, according to Merritt.

Merritt said body-cam footage shows there was less than a second between Ramos exiting the vehicle and firing his pistol.

Ananda Tomas, executive director of police reform group Act 4 SA, said she is surprised by the grand jury’s decision.

“This officer was so quick to fire on what was clearly a child in the car that it should be a no-brainer, especially when looking at the fact that this is a trigger-happy officer,” Tomas told the Current.

Thursday marks the second time a grand jury has opted not to indict Ramos for shooting a civilian. In March 2021, Ramos fatally shot John Peña Montez after he allegedly lunged at the officer with a knife.

Montez’s sister, Debra Montez Felder, previously told the Current that her brother was suffering from a mental health crisis. After reviewing the body cam footage, Felder also disputes Ramos’ claim that her bother lunged at the officer.

In the latest case, the grand jury “no-billed” Ramos, meaning it found there wasn’t sufficient evidence to indict.

Although it appears that Ramos won’t face a criminal trial for Hernandez’s death, Merritt said last year that his office planned to file a civil suit against the city. Neither he nor the Hernandez family were available for immediate comment on the grand jury decision.

Tomas said she and Act 4 SA will continue to fight for justice for Hernandez, adding that she’s in direct contact with the family.

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This article appears in Feb 8-21, 2023.