San Antonio Express-News (Sunday)

Ex-official in Castle Hills sues over arrest

- By Scott Huddleston

A year after Castle Hills voters elected a new city alderman, thwarting a council majority determined to replace the suburb’s city manager, a former councilwom­anis nowseeking to clear her name.

Former Alderwoman Sylvia Gonzalez has sued the city of Castle Hills and Mayor JR Trevino, seeking repayment of legal expenses and other damages after she was arrested and booked last year into Bexar County Jail, while serving on the council, on a document-tampering charge that was later dismissed. The lawsuit alleges violation of her rights under the First and Fourteenth amendments of the U.S. Constituti­on.

Gonzalez said she was embarrasse­d by the July 2019 arrest and release of her jail photo to the media. That’s when she and then-Alderwoman Lesley Wenger were arrested. The lawsuit also lists Police Chief John Siemens and police Detective Alex Wright as defendants.

“The sad part about it is my name was run through the mud,” Gonzalez said. “Itwas just a nightmare.”

Gonzalez, Wenger and AldermanMa­rk Sandersonw­ere the object of scorn of some residents after they passed a resolution barring citizens from speaking on agenda itemsdurin­g regular council meetings. The rules approved in a 3-2 council vote restricted residents from addressing the council until the end of regular meetings. A new state law that took effect in September 2019 now allows the public to speak on individual agenda items during meetings of government­al bodies.

Wenger andGonzale­z alsowere often critical of CityManage­rRyan Rapelye, seeking to replace him with former City Manager Diane Pfeil, andwere part of a group that gathered hundreds of signatures on petitions seeking

his removal. Gonzalez said she was only responsibl­e for about 17 signatures, but was targetedby city officials for her involvemen­t in the petition process.

“I was only trying to do my community duty and help the residents,” she said.

Based on evidence gathered by Castle Hills police, Wenger, 77, was charged with tampering with evidence and fraudulent possession of identifica­tion informatio­n, allegedly taken from Rapelye’s personnel file. The Bexar County district attorney’s office found there was insufficie­nt evidence to prosecute the charges.

The DA’s office also determined that a charge againstGon­zalez of tampering with a government document needed further investigat­ion, suggesting it could be refiled at a later date. Gonzalez, 72, was accused of taking petitions from the mayor’s place on the council dais and attempting to alter them.

Gonzalez and Wenger alsowere defendants in a lawsuit filed by six Castle residents who sought to have them removed from office.

According to the Gonzalez lawsuit, shewas charged not through a summons that would have been appropriat­e for a nonviolent

“The sad part about it is my name was run through the mud. It was just a nightmare.”

Former Castle Hills Council member Sylvia Gonzalez, on her arrest on tampering charges that were later dismissed

offender, but through an arrest warrant, which forced her to spend “a terrifying day in jail, sitting, handcuffed, on a cold metal bench, wearing an orange jail shirt,” unable to stand and stretch her legs and avoiding use of the restroom.

“For someone who doesn’t even have a speeding ticket onher record, this was quite an experience,” the lawsuit states.

The city replaced Gonzalez on the council dais after determinin­g she was not properlysw­orn inwithin 30 days. Bexar County Sheriff Javier Salazar had administer­ed her oath in May 2019, but was not qualified to do that in an official capacity — only in a ceremonial role, City Attorney Marc Schnall said.

Since the council dustup, things have calmed down in Castle Hills. Voters elected attorney KurtMay a year ago to serve outGonzale­z’s uncomplete­d term. Sanderson resigned in April, when he moved to Virginia, and was replaced with an appointed council member, Frank Paul. Wenger did not seek re-election and was replaced on the council by Jack Joyce in May.

Treviño declined to comment on the lawsuit, but said, “things in Castle Hills are great,” despite the pandemic. The city has providedCO­VID-19 testing, distribute­d masks and $54,000 in microgrant­s to small businesses feeling a financial pinch. The municipali­ty recently secured a ‘AA’ credit rating to generate low interest rates on an $8.25 million bond issue for badly needed street and drainage improvemen­ts, he said.

“I’m extremely proud of our success,” Treviño said.

The lawsuit, filed on Gonzalez’s behalf by the Institute for Justice, a national law firm based in Virginia that bills itself as a guardian of basic American rights, seeks compensati­on of about $70,000 in legal fees Gonzalez said she incurred, along with damages in light of stress, harm to her reputation and loss of future job opportunit­ies.

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