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San Antonio, Texas — On July 5, 2018, at approximately 4:16 a.m., Officer Elizabeth J. Montoya, was dispatched to San Luis Street for a disturbance. Kimberly Ann Esparza, who was six months pregnant, was arrested and handcuffed. Officer Montoya was standing behind Esparza conducting a search when Esparza lifted her bare foot and kicked Officer Montoya. Esparza was placed on the ground to complete the search by Officer Montoya. When she was returned to the backseat of the patrol vehicle, Officer Montoya stated Esparza kicked her again. Officer Montoya struck Esparza once on the right breast and seven (7) times on the head, and then pulled her by her hair to remove Esparza from the patrol vehicle. Later, Montoya forced the suspect out of the vehicle and placed her on the ground for 26 minutes in the rain, the suspension documents say.
“The Administration alleges that Officer Montoya, did not give (the suspect) humane treatment when she left her on the ground in the rain,” administrators wrote in the suspension document. Officer Elizabeth Montoya was fired by the San Antonio Police Department and received her indefinite suspension notice for inhumane treatment of a suspect on Jan. 17. Montoya was also cited for muting her body worn camera when she should not have. Esparza was charged with assaulting a public servant and resisting arrest, but the charges were later dismissed, according to court records. Montoya is appealing the rulings, according to the documents. A Combined Law Enforcement Associations of Texas attorney representing her requested arbitration. She denies all the allegations against her, according to the appeal notice. After her termination from SAPD she was later picked up by the Leon Valley Police Department.
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