A Cibolo police detective admitted kicking a female coworker in the buttocks on multiple occasions, including once after a supervisor said he had explicitly ordered the conduct to stop, according to internal-affairs records obtained by The Hawk’s Eye. Detective Joshua Apgar described the contact as “horseplay,” but Lieutenant Brian Nipper concluded it met the elements of assault by contact under Texas law. Nipper also found Apgar violated the city’s workplace-harassment policy and multiple police general orders. He recommended termination as what he called the “only solution” for preventing additional workplace violence.

The findings are contained in a 47-page packet released by the City of Cibolo on July 25, 2026, more than seven months after The Hawk’s Eye requested the records. The documents show the police department opened a separate criminal investigation after Nipper reported the “discovery and admission of a criminal offense.” However, the released packet does not include an arrest, charging decision, criminal-case disposition or final disciplinary letter for Apgar. The department’s administrative findings are not a criminal conviction, and the records provided do not establish that Apgar was ever criminally charged.

Coworker Described Pattern of Unwanted Contact

The employee, whose name was redacted by the city, said her interactions with Apgar began becoming uncomfortable years before the formal complaint. She reported that the two exchanged frequent text messages in 2019, including outside working hours, although she said the messages were not inappropriate in content. Rumors about the two began circulating within the Cibolo and Schertz police departments, she alleged, leading her to request a shift change. After she became a detective in 2023, she said the frequent messages resumed and she directly asked Apgar to stop contacting her outside work unless the matter was job-related.

The detective said that after March 2024, Apgar began entering her workspace and tickling her while she sat at her desk. She estimated that happened about five times and said the conduct continued despite her telling him to stop touching her and leave her alone. She also alleged that Apgar kicked her in the buttocks five or six times between April and November 2024, including once in a hallway at the Guadalupe County Sheriff’s Office in front of several deputies. Human-resources notes reviewed during the investigation said Apgar also made frequent comments about the appearance or size of her buttocks. The detective additionally reported that Apgar once discussed the lack of sexual relations in his marriage, a conversation she said she considered inappropriate and uncomfortable.

The employee said she reported the touching and kicking to Lieutenant John Wells after a contentious Criminal Investigations Division meeting in November 2024. According to her account, Apgar stopped touching her for several weeks but later became passive-aggressive and hostile toward her at work. On May 7, 2025, she alleged that Apgar approached her from behind while she used a printer and kicked her in the buttocks again, then said he was simply playing around. She reported feeling angry, sad and unsafe at work because she had already raised concerns with Wells. Her distress became visible during a Civilian Police Academy presentation the following night, leading another employee to ask what was wrong and ultimately triggering the formal complaint.

Apgar Acknowledged Repeated Kicks, Called Them ‘Horseplay’

Apgar denied ever tickling the employee and denied behaving in a hostile manner toward her. He did, however, make a direct admission concerning the kicks: “Regarding kicking her in the butt, this has happened several times.” Apgar described the conduct as horseplay that occurred during joking conversations and said similar behavior took place among other coworkers. He said he had been both the sender and recipient of that type of contact and did not recall the employee directly telling him to stop. Apgar nevertheless wrote that he would refrain from kicking people in the buttocks in the future.

Apgar also confirmed discussing the lack of sex in his marriage but said the employee had shared a sexual story of her own, leaving him unaware that she was uncomfortable with the conversation. He specifically acknowledged the final reported incident, writing, “I did, on May 7th, kick her in the butt,” as he walked past the printer. Apgar said he never intended to make anyone uncomfortable or create an aggressive work environment and maintained that he did not observe signs the employee was distressed. His account differed from the employee’s statement and from witnesses who told investigators that the interactions appeared awkward and that at least one kick had been observed.

Supervisor Said He Ordered Apgar to Stop

Wells told investigators the employee initially approached him for advice and repeatedly said she did not want to file a formal complaint. Wells said he nevertheless spoke privately with Apgar and identified the touching of her shoulder and back, along with the kicks to her buttocks, as inappropriate. “I told Detective Apgar that this behavior must stop immediately,” Wells wrote, adding that another complaint could result in discipline or removal from the Criminal Investigations Division. Wells said he ordered Apgar to keep his hands to himself and not touch the employee. According to Wells, Apgar appeared remorseful, promised not to repeat the behavior and wanted to apologize directly.

Apgar later told Nipper that he did not remember receiving any specific instructions or orders from Wells. Instead, Apgar said he understood that he and Wells had agreed to give the employee space and allow her to raise the issue at her discretion. When Nipper confronted him on June 18, 2025, with Wells’ detailed account of the warning, Apgar said he was not calling Wells’ statement false but simply did not remember the conversation described in multiple paragraphs. Nipper then confirmed with Apgar that he kicked the employee again after that meeting, with the investigator writing that Apgar nodded in acknowledgment.

Investigator Found Assault, Harassment and Insubordination

Nipper’s evaluation cited the employee’s statement, a witness who confirmed seeing at least one kick, Apgar’s admission to multiple kicks and Wells’ statement that he ordered the behavior to stop. Nipper concluded the conduct met the Texas Penal Code definition of assault by contact, which includes intentionally or knowingly touching another person when the actor knows or reasonably should know the contact will be regarded as offensive or provocative. Chief Thedrick Andres then assigned Sergeant Richard Kershaw to conduct a criminal investigation using the employee’s statement as the underlying complaint. No outcome from that criminal investigation was included in the records released to The Hawk’s Eye.

Nipper concluded that Apgar violated the city’s workplace-harassment policy by creating an intimidating, hostile or offensive work environment. He also found violations involving conduct unbecoming, insubordination, competency to perform duty, compliance with agency directives and compliance with the law. The report said other current or former employees who knew about the conduct also failed to satisfy the city’s requirement that suspected harassment be reported immediately. Nipper recommended counseling and additional training for one employee who witnessed the conduct but did not report it, while recommending termination for Apgar because the behavior continued after the warning.

Apgar Separated From Cibolo, Now Holds County Investigative Position

Cibolo’s employee compensation report lists Apgar as having joined the city on April 11, 2016, and separated from employment on August 20, 2025. That separation came about two months after Nipper recommended termination and one day before Andres issued final discipline against Wells. The compensation report identifies only a separation date and does not state whether Apgar was fired, resigned or left under another agreement. Guadalupe County’s current Fire Marshal staff directory now lists Joshua Apgar as a deputy fire marshal assigned to investigations. A June 2026, county payment report also records a $587.42 reimbursement to Apgar for a fire-investigator course, examination and certification.

Lieutenant Demoted After Separate Investigation

Andres opened a separate administrative investigation into Wells after reviewing Nipper’s completed report. The chief said Wells failed to notify him and the city’s People and Performance Department after learning about alleged harassment, unwanted physical contact and a possible assault involving two employees under Wells’ supervision. Andres emphasized that Wells was an experienced lieutenant, had previously served as acting police chief and had received Title VII hostile-work-environment training on November 18, and 19, 2024. Wells had also received a January 2024, performance memorandum instructing him to promptly communicate personnel problems within his command. Andres concluded that Wells understood the policies but failed to follow them.

Wells maintained that the employee initially characterized Apgar’s conduct as horseplay, did not view it as sexual and did not want a formal complaint filed. He said he offered to open an internal investigation, mediate a meeting or speak with Apgar on her behalf, and she selected the informal conversation. Wells said he addressed Apgar’s behavior immediately and later followed up with the employee, who did not report any additional incident to him. He also claimed he told Andres that he was addressing a conflict between the detectives. Andres disputed that claim in his final report and called Wells’ statement “untruthful.”

On August 21, 2025, Andres sustained violations of the city’s workplace-harassment and employee-compliance policies, along with the police department’s directive-compliance order. The chief demoted Wells from lieutenant to sergeant and ordered remedial workplace-harassment training. Wells was placed on probation from August 25, 2025, through February 25, 2026, and received a 5% pay reduction that lowered his annual salary to $120,756.08. Cibolo’s compensation report lists Wells’ separation date as September 26, 2025. Wells is now employed with Marion ISD as their Safety and Security Coordinator.

Records Released 232 Days After Request

The Hawk’s Eye submitted its public-information request to Cibolo on December 5, 2025. Emails show the city corresponded about the request on December 19, and December 29, including sending a copy of a 15-day brief submitted to the Texas Attorney General. At 3:52 p.m. on Saturday, July 25, 2026, a paralegal for the city whose email signature identified the law firm Denton Navarro Rodriguez Bernal Santee & Zech, sent the records. “I am in the process of closing out requests and noticed yours hadn’t been closed,” the paralegal wrote. “I do apologize.”

The Attorney General ruling was issued March 11, 2026. The release came 232 calendar days after the original request.

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