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Friday, October 31, 1997

Officer cleared in death of Mexican national

By CHIP BROWN / Associated Press Writer

SAN ANTONIO (AP) -- A grand jury's decision Thursday to take no action against a police officer in the death of a Mexican businessman has angered government officials south of the border.

San Antonio police Officer James A. Smith was no-billed by Bexar County grand jurors in the death of Eli Montesinos, who died six days after struggling with Smith on New Year's Day.

"We are very, very disappointed about the outcome of this case because have been asking for justice, and we feel there is more than enough evidence to prosecute Mr. Smith," said San Antonio-based Consul General of Mexico Carlos M. Sada.

"We will continue with this issue. There was a request from the Mexican government to open a federal investigation, and we are following what the FBI is doing in terms of the witnesses been interviewed.

"Once removed from local politics, we feel this issue will be handled in an appropriate and profound way at the federal level," Sada said.

The struggle occurred as Montesinos, a Mexican citizen from Monterrey, Mexico, living in San Antonio, was leaving the Rivercenter Mall with his wife and children through Dillard's department store on Jan. 1.

The mall was closing, and Montesinos cursed as he complained about having to exit through a particular door.

Police say Smith, a uniformed officer working security at the store, warned Montesinos not to curse at him or he would be arrested. That, according to police, is when Montesinos shoved the officer into a plate glass door and began to fight with him.

The man's widow, Susana Montesinos, and her lawyer, Pat Garza, said Eli Montesinos was not cursing the officer directly but was making a general complaint.

Bexar County Chief Medical Examiner Dr. Vincent DiMaio ruled the death a homicide after finding Montesinos suffered a heart attack after being put in a choke hold.

The Montesinos family has filed a civil lawsuit against Smith, who was taken off enforcement duty and placed on administrative duty following the incident.

"It's going to be up to the chief, who will likely reassign him now that he's been no-billed by the grand jury," said San Antonio Police Sgt. Ernest Celaya. "Most likely he will be reinstated to his regular duties."

Mrs. Montesinos has said the police department did not question her in its investigation other than taking her initial statement.

"The integrity of this investigation was intact," Deputy Police Chief Albert Ortiz said Thursday. "I understand there are no winners in this case."

Ortiz said Smith "didn't want to come forward and make a statement, but he did say that he was very relieved."

The Mexican government earlier this year sent a communique saying it was not satisfied with an internal police investigation that cleared Smith in July. The government called for the case to be resolved "according to strict adherence to the law, without impunity or impartiality."

A series of protests and calls for justice were sent to Gov. George W. Bush, Texas Attorney General Dan Morales and the U.S. State Department, according to the government communique.

"The government of Mexico will continue advocating the resolution of the case and will exhaust all resources to assure that, insofar as the law allows, an exhaustive, open and equitable solution is reached," the communique stated.