Texas Strip Club Shootout with Off-Duty Police Officer, No Charges

Texas Strip Club Shootout with Off-Duty Police Officer, No Charges
Texas Strip Club Shootout with Off-Duty Police Officer, No Charges

Texas -(Ammoland.com)- At about 9:30 p.m., at the All Stars Gentlemen's Club parking lot in San Antonio, Texas, a barber and a police officer got into a gunfight. Both were seriously wounded. A female witness was wounded with a bullet crease to her head.

The police reported the incident was caused by road rage. That seems to be correct. The barber was cut off by the police officer. They both pulled into the parking lot. They both got out of their vehicles.  Then the gunfight happened.

Initially, the story from the police was the barber opened up on the police officer, who was shot six times, but managed to crawl back to his vehicle, obtain a firearm, and return fire, wounding the barber and the witness. The barber and the officer both ended up in the hospital, and both survived. From foxsanantonio.com:

UPDATE: Investigators say the off-duty officer, the suspect and the injured passenger are expected to survive, although the officer remained in critical condition. They are all being treated at University Hospital. The officer and the suspect underwent surgery early Wednesday morning.

There was more to the case. The barber, Demontae Walker, was from Chicago and had opened a barbershop in San Antonio.  He had no criminal history. His father's name is Desmond.  From mysanantonio.com:

Desmond Walker, a 47-year-old machine operator in west Chicago, is left trying to reconcile the police department's account of his son's actions and his own knowledge of his son.

“He just got married. Just had a baby and got a house. He opened up a barber shop in his brother's name. That's who he was,” Desmond said. “That doesn't fit the profile of a maniac or a habitual criminal.”

As the police investigated the incident, they found the police officer was drunk at the time of the gunfight. He was disciplined, removed from his police academy position, and suspended without pay for 15 days. From ksat.com:

Rios was cited for his profanity-laced exchange with Walker and because he had consumed alcohol to a point where he was “rendered unfit to report for duty,” according to the suspension order. Off-duty officers are prohibited from drinking to an extent that renders them unfit to report for duty.

The case was referred to a grand jury in Bexar County. On 14 December 2018, the grand jury refused to indict.  From foxsanantonio.com:

“After considering the evidence presented against Demontae Walker, the grand jury did not return a true bill of indictment for any criminal charges,” the Bexar County District Attorney's Office said in an email Friday.

Walker's attorney says  Demontae Walker never changed his account of what happened. Walker says he got out of the car to attempt to calm the off-duty officer.  In Walker's account, the officer,  Rios, pulled his gun first. Walker shot Rios in the legs, then immediately went to his (Walker's) car and called 911. It is undisputed that while Walker was calling 911, he and the witness were shot by Officer Rios through the car's closed window.

The physical evidence supported Walker's story. Rios said he shot through the window because he was afraid Walker was reloading. Testimony showed Rios had five mixed drinks immediately before driving to the strip club and getting into the altercation with Walker.  Walker was driving to the strip club to drop off his wife's cousin, (the wounded witness) who worked there.

Demontae Walker is paralyzed from the waist down. He has a 9-month-old baby and a young wife. He can no longer support them. From ksat.com:  

“My client's life is ruined,” Adams said. “He cannot perform his job anymore. He's got a 9-month-old, married, he cannot support either of them. It was a horrible event.”

Currently, Walker and his family are living with a relative outside of San Antonio, as he is no longer able to support himself.

Although Walker's life has drastically changed because of the shooting, Adams said Walker has not brought up filing a civil lawsuit.

The story reminds me of grand jury verdicts in the Old West when two men got into a shootout. Very often, juries would return a verdict of not guilty, by reason of self-defense. Very often, alcohol was involved. In this case, as often happens in gunfights, both parties were seriously wounded.  People should avoid gunfights if they can.  Maybe Demontae Walker could have avoided this fight. It is not clear. He had a legitimate reason to be where he was. He had his wife's cousin to worry about.

It appears alcohol clouded the officer's judgment. Officer Rios could almost certainly have avoided the gunfight. Officer Rios was almost killed but had a complete recovery. His career is in doubt.

According to ksat.com, the district attorney has not made a decision as to whether to bring Officer Rios before a grand jury.

Demontae Walker could legally have a pistol in his car in Texas. He was in the process of obtaining his concealed handgun license when the gunfight took place.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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    phil morris
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    phil morris

    on the local news 1st thing this morn (Atlanta) cops responded to a domestic dispute , upon arrival one cop (accidentally?) shoots another cop ! and these are the people you are gonna call when you need help? god help us all!

    Matt in Oklahoma
    Guest
    Matt in Oklahoma

    While I agree that it’s wrong and he should be in jail (IF THIS IS THE WHOLE STORY) the issue I have with y’all and your comments are the blame. Non law enforcement grand jury failed to charge him. That means regular folks like y’all didn’t do what was needed. So if you doubt that regular people got it wrong then that means this isn’t the right story. So which is it? Is this story a lie or did regular people let a criminal go?

    Oldshooter
    Guest
    Oldshooter

    Officer Rios was never brought before a Grand Jury. Our DA is still dithering after all these months, on whether or not to charge him and seek an indictment. Only the victim has been brought before a Grand Jury, and HE is the one the “No True Billed.”

    Wild Bill
    Guest
    Wild Bill

    @Matt and Old, If whomever has jurisdiction to charge Rios is going to charge him, then that charging authority must select non-mens rea requirement crimes. A person cannot form the proper guilty thought if they are drunk. Remember the guilty act must be combined with a corresponding guilty mind.

    tomcat
    Guest
    tomcat

    The barber didn’t even know he was fighting a cop but he did and now he pays the price. Except, a drunk with a gun is not legal anyplace, I don’t think. It doesn’t mean anything if the guy was a cop, he was drunk and in possession before anything else. If I was the barber I would be looking for the best lawyer available for this type of crime. Hang the bad cop and police department, maybe someone else will think twice.

    John
    Guest
    John

    I don’t know of any law that says someone can not use a firearm when drunk. There probably is one somewhere.

    RayJN
    Guest
    RayJN

    I Have Concealed Carry Permits form AZ, NV, and WI. If you have I drink you cannot carry

    John
    Guest
    John

    That is good to know. A lawyer told me that in PA you can carry after any number of drinks. You are always responsible for anything you do with a gun. I am not a lawyer.

    Robert
    Guest
    Robert

    I think you have had a few already Ray!!!

    Steve
    Guest
    Steve

    You can drink and carry in GA.

    Thunder
    Guest
    Thunder

    RayJN you are wrong. NV is .1 BAC

    Tionico
    Guest
    Tionico

    Did the hospital take a BAC test when they admitted the copper? Or of the civilian? If that copper was as drunk as appears, he needs to have a felony DUI charge brought. Furhter, his resort straightaway to his handgun is, to be kind, VERY suspect. Seems he got a little too much in his cups, drove like it, then tried to settle the score with a lethal weapon. This guy IS unfit for “service” as a LEO. Can him, charge him. With a felony DUI he’s done as a copper anyway, as he can’t have guns any more. His… Read more »

    RayJN
    Guest
    RayJN

    If Rios was not a cop he would already be in jail. If the police want the public to respect them they need to stop giving passes to their brothers.
    As far as the lawsuit, is the police dept or city responsible?
    On the other hand, they should not be thrown under the bus to satisfy the mob.

    grizzman1
    Guest
    grizzman1

    He was in a police car.
    On or off duty, he’s representing S.A., Texas by just driving the car! So they are liable!
    The cop needs to be tried on any and all accounts to the fullest punishment allowed! No special treatment!
    I have the biggest respect for all LEO’s, that have respect for the same laws they are enforcing!

    Oldshooter
    Guest
    Oldshooter

    Rios got intoxicated, then illegally drove a vehicle, drove recklessly, pursued and then assaulted an innocent other driver, used a deadly weapon (and HE was the initiator of the altercation), and then committed mayhem (he permanently maimed the victim). How many crimes, including felonies, is that? 4, 5? And he got suspended for 2 weeks! Oh yeah, THAT makes it all OK – justice was served, right? Rios should be doing hard time in our state pen. We aren’t talking about a civil suit, or paying damages here. Rios committed multiple serious crimes. Who cares if his career is in… Read more »

    Deplorable Bill
    Guest
    Deplorable Bill

    Grace for the cops and law for everyone else? Just another event showing that there are some people who are above the law. Hillary, Bill, the feds, the cops, congress, governors, judges, the swamp etc. The cop should be in jail, loose his job, pay the man’s bills the rest of his life etc. Drunk on duty, assault with a deadly weapon, attempted murder and the grand jury said NO? Wow, what does the average man get if he did such a thing? I doubt it would be a PASS. Civil disobedience may still work–maybe. Vote. Pray. Arm up, carry… Read more »

    Robert Messmer
    Guest
    Robert Messmer

    The cop was off duty at the time. So far, according to the article, the DA is still trying to decide rather or not to put the cop in front of the grand jury. It was the barber, the victim, whom the grand jury refused to indict.

    Don Bailey
    Guest
    Don Bailey

    Alcohol and firearms do not mix well. This is one incident that needs to and should go to the courts to be settled in a fair and just way.

    ChiptheBarber
    Guest
    ChiptheBarber

    While I wholeheartedly support law enforcement, according to this evidence, at least, the officer was at fault. 99% of cops are good, responsible people trying to do a difficult job for way less pay than they deserve. This guy, Rios, was simply a bad cop. There are bad accountants, bad machinists, bad doctors, heck, there are even bad barbers (though the victim certainly doesn’t seem to be one). This is a tragic result for the young father and yes, the officer must be prosecuted. I wish the young man and his family the best.

    Jack Mac
    Guest
    Jack Mac

    I agree with your thought and intent, except 99% is way to high. If that’s your true belief, you just have not met enough LEOs. The attitude of police departments toward the general public varies. Remember the SCOTUS rulings that their duty is not to protect and service private citizens. I do believe ,actually hope, that the large percent do see it as their duty. What I am saying is LEOs are necessary and we should support their performing the duty as we see it. Furthermore, please beware that a responding LEO may not in your 99%. I too, hope… Read more »

    Joseph Wheeler
    Guest
    Joseph Wheeler

    My uncle’s were good cops but a lot of other cops went to prison for murder, trafficking, extortion, i could go on for hours telling true stories about crooked cops but i wont. I’ll just say that a uniform and badge don’t make you a good person. No man is better or worse than another Man because of his occupation. We need to glorify God not ourselfs.

    John
    Guest
    John

    What can we learn from this? Shoot to kill or do not shot. Do not shot the legs. Maintain situational awareness after shooting.

    Big Jim
    Guest
    Big Jim

    If the LEO was killed, how do you think that would have turned out for the barber?

    joefoam
    Guest
    joefoam

    And LEOs are the only ones we can trust with weapons?

    Will Flatt
    Guest
    Will Flatt

    Well that really depends on whether you ask a commie Demonrat or a sane, stable conservative or libertarian. If you ask the commie, you know they’re gonna say absolutely, and you peons can’t have guns. Some RINOs say that too. If things don’t change by 2020, it’ll be time for a 2nd American Revolution. Remember, friends don’t let friends vote for commies & RINO’s.

    Dr. Strangelove
    Guest
    Dr. Strangelove

    Well, that really sucks. Walker escapes Chicago and gets shot in Texas. He should have gone for center mass instead of shooting the cop in the legs. I hope he gets a big, fat settlement.

    Wilhelm Flatz
    Guest
    Wilhelm Flatz

    You forget, cops wear ballistic vests. Duh. G. Gordon Liddy offered the correct advice, aim for the head.

    Gray Man
    Guest
    Gray Man

    He was off duty, so no vest most likely!! However, you have to assume everyone has body armor on.

    Wilhelm Flatz
    Guest
    Wilhelm Flatz

    True, always presume! That’s why we must practice regularly!

    John
    Guest
    John

    If you are good enough at the range you are at, shoot for the head.

    rich z
    Guest
    rich z

    You begin to wonder,sometimes, WHO THE GOOD GUY IS . To many Good guys being shoot or killed by the law. And NO I DIDN’T JUST SAY IT.

    rich z
    Guest
    rich z

    You begin to wonder,sometimes, WHO THE GOOD GUY IS . To many Good guys being shoot or killed by the law.

    aryeh s.
    Guest
    aryeh s.

    Police officers can live a life under stress, do to the nature of the job. If they commit a crime, off duty or on duty, they should be treated like everyone else. They should be charged and prosecuted just like anyone else would be. This is done in some departments. Not to do so puts a stain on all departments and officers who follow the law.

    Ton E
    Guest
    Ton E

    Terminate the officer and charge him! Mr. Walker needs the sue the heck out of the San Antonio PD!!!

    Wilhelm Flatz
    Guest
    Wilhelm Flatz

    If Rios had not been a certified member of the “Only Ones”, he would have been charged with attempted murder, felony DWI, and many other offenses. But because he’s an “Only One”, he gets a frickin’ pass. Meanwhile, the victim (Walker) is paralyzed for life through no fault of his own!!! I hope he sues the holy hell out of that BAD COP and the department too!!

    Ton E
    Guest
    Ton E

    Whiskey Tango Foxtrot!!

    Ansel Hazen
    Guest
    Ansel Hazen

    One rule for them. Another rule for us.