Texas Rangers not investigating unauthorized use of taser by former SMPD sergeant

The Texas Rangers have chosen not to investigate the unauthorized use of a taser by a former San Marcos Police Department sergeant.

San Marcos Chief of Police Stan Standridge had formally requested the Texas Rangers to investigate the unauthorized use of a taser by former SMPD Sgt. Ryan Hartman. On Jan. 12, 2021, Albian Leyva, 24, was arrested and charged with interference with public duties, a class B misdemeanor, after a traffic stop, where he was tased by Hartman.

In an email sent by Standridge to Texas Department of Public Safety Texas Ranger Jose Rodriguez on June 24, he asked the Texas Rangers to investigate the matter, stating that he would make all SMPD applicable records related to this matter available for review.

“I sustained misconduct against then-Sergeant Ryan Hartman, which resulted in a suspension,” Standridge wrote. “Yesterday I received the attached external complaint. To my knowledge, the citizen who was tazed never filed a complaint with the Department, nor the District Attorney’s Office. I have since learned that the DA dropped the criminal charge(s) against the citizen. At question is whether Ryan Hartman committed an offense when he used the Taser.”

Texas Highway Patrol Lt. Jason Reyes confirmed to the Daily Record that an investigation is not being conducted.

San Marcos police responded to a local Stripes convenience store at 3936 South Interstate 35 at approximately 2 a.m. on Jan. 12, 2021 for a reported theft. SMPD Cpl. Jason Cormier arrived on scene and saw the alleged vehicle involved leave the convenience store at “great speed,” according to an SMPD memorandum obtained by Caldwell-Hays Examiner and shared with the Daily Record. Cormier later stopped the vehicle at the 300 block of Wonder World Dr. and conducted a high-risk stop, the memorandum stated, adding that Hartman and additional officers arrived on scene to assist Cormier.

During the stop, Leyva exited the vehicle with his hands raised approximately shoulder height. He complied with police commands and later grabbed his phone out of his pocket to possibly record officers, the memo states.

Hartman then tells an officer, in a lower volume, to shine their light on Leyva and said, “I’m going to tase this guy.” An officer asks Hartman, “Want to tase him?,” and Hartman replies “Yep,” the memo states.

Hartman — after approximately 15 seconds of no further direction given to Leyva — approaches Leyva, who had both hands above his shoulder, and yells for him to “Come to me now.” A split second later, Hartman deployed a taser on Leyva, not giving him a chance to comply, the memo states. Another officer also used a taser on Leyva.

“At the time, Sgt. Hartman deployed his [Conducted Energy Device] on Leyva, Leyva was not acting or verbalizing aggressively nor displaying any threat,” the memo states. “No lesser means of control were attempted. Leyva offered no verbal non-compliance.”

Hartman has since been permanently terminated from SMPD for misconduct related to dereliction of duty and insubordination.

Mano Amiga, which had been vocal in calling for Hartman’s removal from the force following a fatal collision he caused while off-duty in June 2020, said Standridge doesn’t need the Texas Rangers’ involvement to file a criminal charge against Hartman.

“All it takes is the integrity to do the right thing,” Mano Amiga Communications Director Sam Benavides said. “The Internal Affairs memo as well as his letter of suspension together demonstrate ample probable cause that the violence perpetrated by Hartman — which Chief himself called ‘unnecessary and unreasonable’ — constitutes felony aggravated assault, among other crimes. Real police departments, like in neighboring Austin, investigate crimes within their own agency all the time. Chief tried to pass the buck to the Rangers and failed — now it’s time for him to show he gives a damn about victims of violence, even when it’s committed by people in his employ.”

Leyva’s charges filed against him were recently dropped, according to Hays County District Attorney Wes Mau. In the motion to dismiss, charges were dropped “in the interest of justice.”

Leyva recently filed suit against Hartman and the City of San Marcos in a U.S. District Court, claiming his civil rights were violated when he was tased during the traffic stop. His lawsuit seeks punitive damages after “Hartman acted with such disregard for Al’s humanity.” Leyva is seeking a jury trial.