UPDATE: Perez was found guilty of misdemeanor assault.
Back in October, John Wright posted this item here on Instant Tea about Texas State Trooper Arturo Perez who faced criminal charges after video taken during a traffic stop for suspected drunk driving surfaced of him slamming 23-year-old Whitney Fox face first into a concrete retaining wall on the Dallas North Tollway after finding out that Fox and her friends in the car with her were on their way home from a gay bar in Oak Lawn.
The Dallas Morning News has reported that jurors hearing the misdemeanor assault case against Perez in Judge Jane Roden’s court are deadlocked and unable to return a verdict. The jurors had been deliberating for about five hours total when, at noon Friday, they send the judge a note saying they were at an impasse.
DMN reports that Judge Roden was expected to tell the jurors to keep deliberating.
The incident in questioned happened in October 2009 after Perez stopped Fox on suspicion of drunk driving. He had cuffed the young woman’s wrists behind her and was patting her down when she began arguing with him about the way he was touching her. Perez told Fox several times as she argued with him that she was “fixing to get yourself hurt.”
Then Perez began leading Fox to his squad car, holding her left arm. When she tried to jerk away from him, Perez jerked Fox’s arm in return, swinging her around and into the concrete.
Fox — who in the video is visibly stunned by the impact — was left with a large gash in her chin. As she collapsed to the ground, Perez walked away, leaving a second trooper to attend to Fox.
John’s post in October examined allegations Fox’s attorney, Randy Isenberg, made to Fox 4 News in Dallas that Perez began handling Fox more roughly and slammed her into the wall after another young woman in Fox’s car said something about having left a gay bar in Oak Lawn. The implication, of course, was that Perez is homophobic and deliberately hurt Fox because he thought she is gay.
The incident was captured on video, posted below, by the dashcam in Perez’s squad car.
The Dallas County District Attorney initially charged Perez with official oppression in the case, but a grand jury refused to issue an indictment on the charge. The DA’s office then charged Perez with misdemeanor assault. Perez’s attorney, John Haring, told Fox 4 News this past October that the Texas Ranger had reviewed the video and concluded that Fox was resisting arrest and Perez was not at fault.
Perez retired shortly after the incident occurred, just before the Department of Public Safety could fire him. The DWI charges against Fox were dropped.