The San Marcos Police Department said it will share information more quickly than in the past during “critical incidents,” including mass shootings, natural disasters or events where police seriously injure or kill someone.
In the crisis communication policy it rolled out last month, the department said it will share initial information with residents and the press within two hours of an incident and will hold a news conference within two business days.
The policy also outlines how the department will handle and share footage captured by officer body cameras.
“We recognize that informed citizens make better decisions,” Police Chief Stan Standridge said. “I think this policy does a really good job of reflecting the needs and desires of our community members, but also, I think it’s in line with state law.”
Standridge said it's the first time the department has had a policy like this.
“As the city of San Marcos has continued to grow, so grows the need for timely communication,” he said.
The policy is intended to address accountability and transparency concerns brought up by community members. But some groups say it doesn't go far enough. In particular, they take issue with guidelines around releasing bodycam footage.
Creating the policy
To develop the policy, SMPD consulted with members of the chief’s advisory panel, gathered feedback during public comment at City Council meetings and spoke with family members whose loved ones had been killed by police officers.
James Bryant Jr., a member of the advisory panel and a former officer with the Travis County Sheriff's Department, said the department should have done more to get residents' input. He said the panel's meetings weren't open to the public and there wasn't a meeting held specifically to get their feedback on the proposed policy.
"Let's have transparency," he said. "I don't agree with this policy, I have a real problem with this process."
'Status quo' on bodycam footage
The new policy put on paper something already in practice: SMPD said it will not release bodycam footage if it believes it will impede an investigation.
Video could be released after a grand jury has reviewed all the evidence or if it would “further a law enforcement cause,” such as identifying a suspect or helping residents identify an immediate threat to the community.
Bryant said the policy overall could help the department’s relationship with the community, but bodycam guidance was "disingenuous" and could cover up police brutality.
He pointed to a case in Illinois where bodycam footage captured a sheriff's deputy killing an unarmed Black woman in her home.
“Austin, just 30 miles up the road has a policy in which they release the bodycam footage within 10 days. There's really no reason that San Marcos cannot do the same.”Sam Benavides, communications director for Mano Amiga
“That was murder,” Bryant said. “Had it not been for the other officer with his camera on, this would have been swept under the rug.”
He said San Marcos should take a page out of Austin’s book and make videos available to the public within 10 days of an incident.
Sam Benavides, communications director of the advocacy group Mano Amiga, said the new policy was a step in the right direction but the refusal to release bodycam footage was maintaining the "status quo."
“Austin, just 30 miles up the road has a policy in which they release the bodycam footage within 10 days,” she said. “There's really no reason that San Marcos cannot do the same.”
Last year, the National Bar Association published an argument in support of releasing bodycam footage, saying it doesn't impede an investigation.
"In shootings involving law enforcement officers, there is a widespread concern that authorities will protect the police," J. Vincent Aprile II wrote in the article. "In this vortex of emotions, concerns, and prejudices, early transparency and publicity ... may be imperative."
Benavides has been asking for the release of videos in the case of 22-year-old Malachi Williams, who was shot and killed by a San Marcos police officer in April.
SMPD posted a video of Standridge addressing the incident on YouTube nearly two weeks after the shooting. The press was not invited to attend. In the video, Standridge said bodycam footage showed officers attempted to tase Williams, who was unhoused, several times.
A grand jury on Wednesday determined the officer's actions were justified and decided not to indict him.
Following the new policy, SMPD announced Thursday it would release the video to the public. The department will host a press conference on Friday to present bodycam footage, other video recordings and photo evidence to the press. The event will also be live-streamed online.
The court of law vs. public opinion
The police chief said the department didn't come to its policy on releasing bodycam footage alone. He said District Attorney Kelly Higgins also believes releasing videos could interfere with an investigation and a jury's decision.
“This is not strictly the police department saying ‘no, no, no, no,’” Standridge said. “This is the police department working in collaboration with the justice system to ensure that justice is decided in the court of law versus the court of public opinion.”
Higgins advised SMPD not to give in to public pressure. He said witnesses could change their testimony to match what they've seen on video or dishonest people could come forward claiming to have witnessed an incident by describing what they had seen.
“I don't want to poison the jury pool … poison witnesses’ and potential witnesses’ recollections by releasing evidence,” he said.
In cases where an officer is involved in a person's death, the policy states SMPD will meet with the person's immediate family members within 30 days. Standridge said he could lawfully show footage from bodycams during these meetings, but he would leave that decision up to the DA.
