Former SAPD officer arrested more than 1 year after being indefinitely suspended for opening fire on fleeing juveniles, sources say

A former San Antonio police officer who fired two shots toward juveniles running from him and was indefinitely suspended in 2020 has been arrested and charged with deadly conduct-firearm, according to sources.

Oscar Cruz Jr. was arrested Thursday night, according to online records.

LATEBREAKING Sources say ex-SAPD officer Oscar Cruz Jr. is in custody, charged with felony deadly conduct-firearm. Cruz is accused of firing his service weapon at two teens running from him in March 2020. Cruz was later fired for the on-duty incident. Now he’s criminally charged pic.twitter.com/BB4tbu1l1P

— Dillon Collier (@dilloncollier) February 25, 2022

City officials released disciplinary records in late 2020, more than six weeks after KSAT had filed an open records request for the information.

Cruz had received the indefinite suspension, tantamount to firing, for an incident he was called to in the 9500 block of Five Forks on March 9, 2020, according to the records.

He had responded to calls about two teens pulling on vehicle door handles, according to the document.

The officer tried detaining one of the juveniles, who ran away from him. During the chase, Cruz pulled out his service weapon, according to the document.

During the chase, second juvenile threw an object, striking the officer in the face and head, according to the records.

“Officer Cruz fired two rounds at the direction of the suspects as they fled the scene,” according to the records, which violated the department’s use-of-force procedure.

The incident was captured on Cruz’s bodycam, according to the disciplinary record. During the incident, Cruz could be heard telling the juveniles “stop running or I will f—ing shoot you.”

Cruz was also cited for using the muzzle of his gun as a signal to direct the responding officer.

“Officer Cruz failed to use sound judgment when he continued to point the firearm in the direction of the arriving officer.”

Records show Cruz was previously suspended at least once during his time with the San Antonio Police Department. In 2018, Cruz was suspended for three days after striking a pedestrian with his patrol car.

Cruz was handed the termination on Oct. 20, 2020. Records show he appealed that decision on Oct. 21.

Read more about how arbitration plays out of San Antonio police officers.

Home warranty headache: Veteran forced to pay out of pocket for new HVAC after lengthy dispute

Last May, Air Force veteran Paul Cancino was stunned to learn that his home warranty company would not cover a filed claim for his condominium’s broken down heating, ventilation and air conditioning system.

The company, after all, had already repeatedly sent vendors to try and repair the HVAC system after it had malfunctioned last February, March and April, work orders viewed by the KSAT 12 Defenders show.

A home warranty is an insurance contract that covers repairs and the possible replacement of a home’s major systems and appliances and is often included in the sale of many properties.

Cancino bought the downtown condo in the fall of 2020 following a nearly yearlong deployment to Afghanistan, and said a two-year contract with Fidelity National Home Warranty was included in the purchase.

Sixteen months later, Cancino has been forced to spend five figures out of pocket to replace the HVAC system and is on the brink of taking legal action against a company he thought would protect him against these exact type of home ownership expenses.

“I’m getting nowhere fast. And every time it’s an excuse about what they can’t do for me,” said Cancino.

Cell phone records and months of Facebook messages sent between Cancino and Fidelity show that representatives of the California-based company were difficult to reach and when tracked down, offered little in the way of a solution.

Cancino said he was forced to temporarily move out of the condo last summer, after going without air conditioning for more than 50 days.

“They gave me a voucher for $100 to buy some fans for a temporary fix. But fans don’t work in San Antonio when it’s 95 to 102 degrees outside. It was unbearable. It was Texas in the summer,” said Cancino.

After the HVAC system had already been worked on four times, Fidelity informed Cancino through a May 17 letter that his claim was not covered because the system exceeded the allowable capacity and was not designed for residential use.

Cancino said a follow up conversation with San Antonio’s representative for Fidelity left him astonished.

“You know San Antonio is a military town. Think of all the active duty military veterans and retirees that live out here,” Cancino said. “And her response, which really was a punch in the stomach, was, ‘Fidelity is not running a charity here.’”

Cancino said he refused to cash a $1,940 check included in the denial letter or any of the subsequent checks sent to him by Fidelity since then.

In the denial letter Fidelity representatives referred to the check as a “good will gesture.”

The check amounts to about 10% of what Cancino has paid for the installation of a new system, and other expenses including alternative cooling solutions he attempted to put in place.

“I want what’s owed to me, and it’s the value plus what I’ve had to put in legal fees because they will not return my calls or emails anymore,” said Cancino, who added that the company also refused to let him out of the second year of the contract.

Fidelity would most likely not be required to cover Cancino’s legal fees, however, since it is unlikely the contract includes language entitling him to such fees.

‘They’re playing the game’

Fidelity National Home Warranty boasts an A+ rating with the Better Business Bureau despite having a customer review score of 1.07 out of 5.

Jason Meza, senior regional director for the BBB San Antonio, said Fidelity has a “high volume” of complaints against it.

“They’re playing the game and trying to make it right. Whether that satisfies or solves the exact issue, I mean, many times it doesn’t happen,” said Meza.

“Hollering as loud as you can, making complaints, reporting it, letting others know what you’ve seen and hopefully at some point get what you need out of this,” said Meza.

Meza added that after a consumer has exhausted all of his or her rights, taking a company to court or requesting that both sides take part in dispute resolution are logical next steps.

Meza said it is important to thoroughly read a home warranty contract and pin down what it guarantees before purchasing it, and to keep detailed records, such as text messages.

“Home warranty programs and services out there, it’s tough to gauge if they work or not, if they’re going to cover everything that you need,” said Meza.

Officials at Fidelity’s headquarters and its San Antonio representative did not return messages seeking comment for this story.

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City could check out of debt obligations through Grand Hyatt sale

The City of San Antonio could get out of its debt obligations with the Grand Hyatt San Antonio River Walk hotel through a proposed deal totaling up to $450 million.

Hyatt wants to continue managing the 1,003-room hotel next to the Henry B. Gonzalez Convention Center while selling off the actual building. It’s an arrangement that city staff members say would reimburse the city for debt payments it has had to cover on behalf of the Grand Hyatt while keeping the city from future payments.

The deal would eventually transfer hotel ownership to the city, which already owns the ground underneath the building.

“From a financial standpoint and a control standpoint, I think the city is in a much better position,” said City Manager Erik Walsh.

Though mostly a private deal, the San Antonio City Council would have to sign off on certain aspects. It’s scheduled to vote at its March 3 meeting.

In 2005, eager to attract big events and conventions, the city supported issuing $208.1 million worth of hotel bonds to finance the construction of a convention center hotel. It also agreed to lease land next to the convention center to build it upon.

But, to help with the project’s financing, the city pledged to cover debt payments on the bond with city tax dollars in case the hotel’s revenues weren’t enough.

When the pandemic hit in 2020, that’s exactly what happened, leaving the city to pay out $10.4 million to make up payment shortfalls in 2020 and 2021.

Additionally, the city has never been able to collect the rent it is owed under the ground lease. Although $4.9 million worth of lease payments will have accrued by April 2022 — when the deal could be finalized — the city is too far down the financial pecking order to have seen any of it.

“In the 2005 structure, there’s like seven or eight buckets that have to be filled with revenue from the hotel, and the city was at the very bottom in that deal,” Walsh said.

The new deal being considered would move the city higher up in the priorities, making it more likely to get its annual payments.

The hotel’s new owner would be an Arizona-based nonprofit Community Finance Corporation, which is focused on “lessening the burdens of government.”

Under the proposed deal, Hyatt would continue to operate the hotel, while the CFC holds the building in trust for the City of San Antonio.

New bonds, worth up to $450 million, would:

Cover the price of the hotel salePay the remaining $168.3 million from the original hotel bondsReimburse the city for the $10.4 million it paid to cover the hotel’s debt paymentsPay the $4.9 million in ground lease payments the city is owedFund debt and operating reserves for the Grand Hyatt

The city would have no part in financially backing these new bonds.

The bonds are scheduled to be paid back over 40 years, though the city says it could happen even sooner. Once they are, the ownership of the hotel would be transferred over to the city.

In the meantime, bond holders would have a lien on the building, like a mortgage.

City officials say Hyatt approached them about selling the property before the pandemic, but things were put on pause once that hit.

“As we looked at options, this became, you know, we think, an option that can be a win-win for all parties here,” said city Chief Financial Officer Ben Gorzell.

In a briefing with reporters Wednesday night, Walsh suggested Hyatt may have approached the city to change the structure because of its business model.

“And this is an appropriate question for Hyatt,” Walsh said. “‘What is their model? Do they own buildings or do they operate buildings?’”

In an emailed statement Thursday, Grand Hyatt San Antonio River Walk Area Vice-President and General Manager Philip Stamm said, in part:

“The proposed sale is part of Hyatt’s asset-sale strategy to transform toward a more fee-based earnings mix, fund Hyatt’s continued growth in key markets where our guests are traveling, and fuel new lines of business that strengthen opportunities to care for guests in more ways and more places.”

Stamm said Hyatt does “not anticipate any business disruption at this time.”

San Antonio couple adopts Ukrainian child ahead of Russian invasion

Theron and Kelci Jagge have been at the side of their newly adopted special needs son, four-year-old Ruslan, in the intensive care unit at University Health since they flew back into town last Wednesday.

“We’re really thankful that the progress that he’s made since we’ve been here,” said Ruslan’s adoptive mother. “We’ve started to see some smiles out of him.”

However, if they had not been able to leave Ukraine last week ahead of the Russian invasion, the couple said they don’t know what they would have done.

They said Ruslan was weak, malnourished and very ill when they took him from the orphanage where he’d been since he was eight months old.

His adoptive father said being abandoned at birth is “highly common for special needs kids.”

Given Ruslan’s fragile health, the Jagge family said they were anxious to get him the medical help he needed.

Yet just as they were preparing to catch a flight, they said Ukrainian border guards discovered a problem in their paperwork.

Theron Jagge said they waited hours, making desperate calls in hopes others could convince the guards to change their minds.

“They refused to work with us, refused to listen to reason, so they denied our leave,” Theron Jagge said.

His wife said she pleaded with the guards, “Look at him. He is sick and he is going to die if you make us wait for 30 days.”

“They didn’t care,” she said. “They just kept repeating the same thing over. This is our final decision.”

The Jagge family said the facilitators in the country assisting the U.S. adoption agency they’d used found an attorney who was able to fix the problem. They were able to board a flight to Turkey and eventually, Atlanta and San Antonio.

They said it was one of the many miracles they experienced.

Although they’re relieved to be back in San Antonio, the couple said they worry about everyone who went above and beyond to help them, but who are still in Ukraine as the bombing and shelling continues.

“We’ve already communicated with one of our translators over there who is currently taking shelter in one of their subways,” Theron Jagge said.

Kelci Jagge said she worries about other adoptive parents still in Ukraine waiting to leave with their special needs children.

She said the sad truth is, “A lot of these children are sentenced to die in an institution if they’re not adopted by an American family.”

His wife said they are grateful to agencies like Reese’s Rainbow, a group which advocates for special needs children around the world and Exitus, another group which specializes in fighting human trafficking and helping others safely get out of critical situations.

They said doctors have told them with time, they should be able to see Ruslan make some progress.

“It’s exciting to think that down the road there are some real possibilities of seeing him flourish in a home that has people that care about him, where he’s surrounded by love,” said Theron Jagge. “We just we pray that the Lord would continue to work miracles as He already has.”

How Texas Lawmakers are responding to the Russian invasion of Ukraine

U.S. politicians have had a lot to say about the Russian invasion of Ukraine.

Here are some of the statements released from those who represent the San Antonio area & Texas in Washington D.C.

The State of Texas stands with the people of Ukraine in their fight for sovereignty.

May God bless them and keep them safe.

The United States must do all we can to repel Putin’s invasion.

— Greg Abbott (@GregAbbott_TX) February 24, 2022

Praying for the millions of Ukrainians who are facing Putin’s unprovoked aggression & this existential threat.

Ukraine has America’s steadfast support & we will continue to arm them so they can defend their country. Those involved in this should know they’ll be held accountable.

— Senator Ted Cruz (@SenTedCruz) February 24, 2022

HELPFUL INFORMATION FOR TEXANS IN UKRAINE https://t.co/liA1384lwz

— Senator Ted Cruz (@SenTedCruz) February 24, 2022

We have a responsibility to support the Ukrainian people as they fight to defend their sovereignty.

If we fail to support Ukraine, other authoritarian movements like China and Iran will take note.
https://t.co/agFDUOGxDT

— Senator John Cornyn (@JohnCornyn) February 24, 2022

As the U.S. rebounds from the pandemic and confronts challenges to our own democracy, some have called on us to turn our backs on Ukraine or even – alarmingly – side with Russia.
 
Here’s why the conflict in Ukraine matters for Americans (THREAD): (1/4)

— Joaquin Castro (@JoaquinCastrotx) February 24, 2022

We keep hearing about the what’s and the why’s.

Ukraine is full of innocent people. Many of them will die.

This is wrong. #ukraine

— Diego Bernal (@DiegoBernalTX) February 24, 2022

Russia should be kicked off the UN Security Council. The UN has become a complete joke and this might be a good first step to correcting that problem.

— Dan Crenshaw (@DanCrenshawTX) February 24, 2022

Ukrainian government giving weapons to anyone who wants to fight. Good. Get some. May God be with you as you fight for your freedom.

— Dan Crenshaw (@DanCrenshawTX) February 24, 2022

NEW Rep. Chip Roy statement on Ukraine: “The attack by Putin on Ukraine is latest in his quest for Russian dominance in the 100th year anniversary of the formation of the Soviet Union, and it has unfortunately been fueled by President Biden’s demonstrated weakness…” pic.twitter.com/ZwAwuSTHre

— Henry Rodgers (@henryrodgersdc) February 24, 2022

Today Ukraine, tomorrow Taiwan. The world cannot remain silent while evil men act. pic.twitter.com/hT9ctTaMBL

— Tony Gonzales (@TonyGonzales4TX) February 24, 2022

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