Charges dropped against San Marcos man suing city, police over use of stun gun

Hays County prosecutors have dropped criminal charges against a 24-year-old man who is suing the city of San Marcos and a former police officer who used a stun gun on him during a January 2021 traffic stop.

Albian Leyva of San Marcos alleges in his federal lawsuit that then-police Sgt. Ryan Hartman, who has since been dismissed from the force, used a stun gun on him "for no reason." Leyva, who was a passenger in the car that was stopped, had been charged with interference with public duties, a Class B misdemeanor.

The Hays County district attorney’s office did not provide a comment on the decision but shared with the American-Statesman a June 17 email in which Jeffrey Weatherford, an assistant criminal district attorney, confirmed that “the state tendered a dismissal to the court this afternoon.”

Last week, Leyva filed his lawsuit, which not only claims that his constitutional rights were violated but also alleges that San Marcos Police Chief Stan Standridge failed to adequately supervise his department and Hartman, which allowed Hartman to think it would be OK to mute his body-worn camera audio and use the stun gun without cause.

Rebecca Webber, an attorney representing Leyva, said the dismissed charges by the district attorney’s office help prove Leyva’s allegations and strengthens his case.

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“First, it shows that Hartman’s absurd accusation that Al was interfering with the San Marcos Police Department while his hands were in the air was a diversion to cover up and distract from the fact that he had just assaulted an unarmed, cooperative young man for no reason,” she told the Statesman.

Leyva had no previous criminal record, was unarmed and was compliant with police commands before the stun gun was used on him, his lawyer said.

San Marcos police Sgt. Ryan Hartman faces another lawsuit

Hartman, who was fired from the San Marcos Police Department for unrelated misconduct earlier this year, has been under scrutiny since June 2020 for his role in a Lockhart collision that left one woman dead. He was off-duty and driving his personal pickup. An open container of beer was later discovered in his center console. Police suspected Hartman of driving while intoxicated and charged him with criminal negligent homicide.

But his blood toxicology report, which was ordered hours after the incident, came back clean, and a Caldwell County grand jury declined to indict him in December 2020.

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Hartman is also facing a separate civil suit from crash survivor Pamela Watts, who is suing him for personal damages including hospital bills, emotional distress, disfigurement and impairment. The case has not been heard in court yet.

In January, Hartman, who had worked for the San Marcos Police Department since 2007, was fired for misconduct related to deficiencies in duties and insubordination. The termination was not related to the crash, San Marcos city officials have said.

Hartman has appealed for his job back, which played out during a two-day arbitration hearing in April. Leyva's lawsuit filing comes just weeks before a final decision on Hartman's reinstatement will be made. The 2021 use-of-force incident involving Leyva was discussed during the April hearing.

According to city documents, Hartman was placed on unpaid leave for one week last July as a result of the incident. He was also required to retrain for de-escalation and minimizing use of force, and to retake officer tactical training.

In a suspension letter from Standridge to Hartman, Standridge said that "you used force that was unnecessary and unreasonable, and you failed to provide notice to the suspect that you were going to use such force."

What was Albian Leyva charged with in San Marcos

According to an incident report from the night of Jan. 12, 2021, San Marcos police responded around 2 a.m. to a convenience store where a man had shoplifted eight phone chargers valued at $89.

Police identified the suspected thief and pulled him over. During the traffic stop, police said they found the phone chargers and illegal drugs on the driver. Leyva was a back-seat passenger in the vehicle, and he did not steal anything or have any drugs, an internal city document states.

According to the internal review report, Leyva got out of the back seat with his hands raised. The top of a flat black object was exposed in his back right jean pocket so he was then told to get on his knees. Police continued to give him commands, and Leyva continued to obey.

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Leyva then preemptively reached into his back right pocket for his wallet to grab his ID, while police continued to yell commands at him. Leyva also eventually reached for his cellphone to possibly record video of the officers, but he continued to obey officer commands, the report states.

Hartman then, in a lower volume, commanded an officer to shine a light on Leyva and said he was going to use a stun gun on him.

“For 15 seconds no further directions had been given to Leyva by anyone," the internal report states. “Leyva had been standing with both hands exposed, one holding his phone at face level and the other in view at his side, during this time.

Hartman, and two other officers, began to walk toward Leyva, when Hartman yelled to Leyva to walk back toward him but a second later Hartman used the stun gun on him before giving Leyva a chance to comply, the report states. A second officer used a stun gun just seconds later.

“No warning of possible taser deployment was provided to Leyva though there was ample time to do so,” the report says.

In addition, the report states that Leyva was not acting or saying anything aggressive, nor displaying any threat.

Webber previously told the Statesman that Leyva is seeking damages for his physical pain from the use of force and his past and future mental anguish, attorney’s fees, expenses and other costs.

The lawsuit against Hartman and the city of San Marcos seeks a jury trial in federal court, but a date has not been set.

This article originally appeared on Austin American-Statesman: Hays County drops charges against San Marcos man suint city, police