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Kyle PD: Unlawful Search Leads to Injuries, Declined Charges

Kyle PD: Unlawful Search Leads to Injuries, Declined Charges

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The Kyle Police Department is under scrutiny after Police Chief Dr. Jeffery Blake Barnett approved a one-day suspension for Field Training Officer (FTO) Jacob Paz following a traffic stop that involved an unlawful search, improper Taser deployment, and injuries to the suspect. Alejandro Castillo-Ruelas, the driver, was arrested and charged despite findings by investigators and Barnett that the search violated constitutional protections. Castillo-Ruelas remained jailed on a defective drug charge for weeks, highlighting potential additional violations of his rights.

The incident began on May 19, 2024, at 2:34 a.m. when Officers Paz and Juan Lopez stopped Castillo-Ruelas for an illegal lane change. Castillo-Ruelas pulled into the parking lot of Firestone Tires. Officer Paz observed open alcohol containers inside the vehicle and called out probable cause over the radio to search it.

Officer Lopez, under Paz’s supervision, asked Castillo-Ruelas to exit the vehicle and conducted a pat-down search. Lopez escalated the search by reaching into Castillo-Ruelas’ pockets, without consent, and discovering a small baggie allegedly containing cocaine. Investigators, including Commander James Jones, who led the internal investigation, and Chief Barnett, concluded that the search was unconstitutional because probable cause for open containers did not extend to a personal search of Castillo-Ruelas.

Despite knowing the search was unlawful, the officers proceeded to charge Castillo-Ruelas with possession of a controlled substance. This led to him being booked into the Hays County Jail, where he remained in custody until June 8, 2024, when his bond on the defective drug charge was posted. The extended detention on a charge stemming from an unconstitutional search has raised questions about whether this constitutes another unlawful seizure under the Fourth Amendment and Texas law.

The Foot Chase and Taser Deployment

Following the discovery of the alleged cocaine, Castillo-Ruelas fled the scene on foot. Paz and Lopez pursued him through the Lowe’s parking lot, deploying their Tasers during the chase. Kyle Police Department policy strictly limits Taser use to situations where a suspect is violent, physically resisting, or poses an immediate threat. Castillo-Ruelas, who was unarmed and fleeing, did not meet these criteria.

Paz’s initial Taser deployment failed. Lopez then fired his Taser twice, with the second deployment incapacitating Castillo-Ruelas and causing him to fall face-first to the ground. The fall resulted in visible facial injuries requiring treatment at Seton Hays Emergency Room. After medical treatment, Castillo-Ruelas was booked into the Hays County Jail on charges of possession of a controlled substance, evading arrest, and driving while intoxicated with an open container. His injuries, visible in his bloody booking photo, further fueled criticism of the officers’ actions.

Declined Charges and Collateral Consequences

Castillo-Ruelas was formally magistrated on May 20, 2024. The defective drug charge remained active until the Hays County District Attorney declined to prosecute it on July 29, 2024, over two months after the arrest.

During this time, Castillo-Ruelas remained in jail for 20 days, until his bond was posted on June 8, 2024, for the drug charge stemming from the unconstitutional search. This extended detention may represent a collateral consequence of the unlawful search and could potentially constitute an additional unlawful seizure. The detention on a charge based on evidence obtained in violation of Castillo-Ruelas’ constitutional rights underscores broader systemic issues within the Kyle Police Department.

Even after the drug charge was declined, Castillo-Ruelas continues to face charges for evading arrest and driving while intoxicated with an open container. Critics argue that Castillo-Ruelas’ attempt to flee may have been prompted by the unconstitutional discovery of cocaine, further questioning the legitimacy of the evading charge.

Internal Investigation and Chief Barnett’s Approval of Discipline

Commander James Jones conducted an investigation into the incident, reviewing body camera footage, dashcam recordings, Taser logs, officer reports, and department policies. The investigation determined that the search violated constitutional protections, and the Taser deployments breached department policies. Paz, as Lopez’s supervising officer, was faulted for failing to intervene during the unlawful search and for deploying his Taser inappropriately during the chase.

When interviewed, Paz admitted that he knew the search was unlawful. He acknowledged calling out probable cause for open containers in the vehicle but failed to stop Lopez from searching Castillo-Ruelas’ person. Paz later claimed he discussed the difference between searches for open containers and searches for drugs with Lopez, admitting Lopez misunderstood the law. Despite these admissions, Chief Barnett only approved a one-day suspension as the sole disciplinary action against Paz, a decision that has drawn criticism.


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