San Antonio Cop Gets Slap on Wrist For Sexual Assault

What are the chances that a suspect could be accused of armed rape and even possibly false imprisonment, found to have left DNA on the victim, and get off with a misdemeanor charge? Well they are pretty good if that suspect is a police officer in San Antonio.

Former San Antonio Officer Craig Nash will be spending a year in jail, a far cry from the sentence he could have faced if rape charges were filed. But in another case of special privilege behind the badge, Nash was offered a chance that most “regular folks” don’t get in similar circumstances.

Early last year a transgendered prostitute came into a police station stating she had just been raped in the back of a police car. She had been picked up by Officer Nash, cuffed in the squad car, and told to lie down in the back seat as he drove to a remote location. Once there she was forced to commit sexual acts on Nash before he took her back into town and dropped her off near a school. She immediately caught a bus to the police station. A rape kit would later show Nash’s DNA present on the victim.

Although prosecutor Trey Banack stated that a "police officer who is a criminal does not deserve mercy from the system he protects," it was his office that negotiated a extremely merciful plea agreement with Nash, wherein the corrupt cop agreed to plead guilty to a misdemeanor charge of official oppression and the prosecutor agreed to not pursue a felony charge. Oh, and they agreed not to pursue charges in another case where Nash was accused of raping a citizen back in 2008.

Call on the FBI to live up to its legal responsibility to investigate corrupt cops who abuse their authority.

There’s little doubt Nash had sexual contact with the victim. His DNA was on her and GPS technology put his squad car near the scene at the time of the offense. One local news source points to consent as potentially thwarting a rape conviction, and maybe being the reason prosecutors didn’t pursue sexual assault charges. But according to Texas statute, a sexual assault is considered to be without consent if “the actor is a public servant who coerces the other person to submit or participate.” In other words, no force is needed, simple coercion -- and abusing the authority of the badge -- is enough.

When Nash’s attorney argued for leniency in the sentencing phase of the oppression case, he highlighted Nash’s seemingly commendable service with the force, remarking he was a good officer and had even been employee of the month. Even the sentencing judge, Lori Valenzuela, remarked that his six year career with the force had been commendable, with no major issues. But that wasn't true: there had been issues -- they had just been ignored.

The Texas Civil Rights Project filed a complaint on Nash with the San Antonio Police Department in July, 2009, six months before the rape accusations surfaced. The complaint involved a domestic assault where a woman was “brutally beaten” in downtown San Antonio. Nash allegedly stopped witnesses (including a domestic violence attorney, a teacher, a banker and a firefighter) from helping the woman, threatening them with arrest, and did not take steps to arrest the individual who had assaulted her. He was said to be “callous” to the woman and the witnesses, threatening to arrest the attorney who offered suggestions on how to assist her. Interestingly, however, nothing would come of these complaints. Nor would anything come of accusations Nash unlawfully arrested two street preachers one night back in 2008.

Maybe the prosecution thinks they truly delivered justice in this case. I don’t see how, but what’s done is done. Nash has been sentenced to a year and under the terms of the agreement the state of Texas can no longer pursue charges for either sexual assault. But the FBI isn’t bound by the agreement. Join me in calling on the bureau to open a “color of law” civil rights investigation into former officer Nash. The FBI is responsible for investigating cases where cops abuse their authority, and those tasked with enforcing the law must at the least be held to the same standards as those of us who they are paid to protect.

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Photo Credit: Bexar County