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SAPD transitions Clayton Perry case to Bexar County DA

District Attorney Joe Gonzales' team will decide whether or not to file additional charges related to Perry's involvement in a November hit-and-run.

SAN ANTONIO — The San Antonio Police Department, which previously signaled that DWI charges are possible in the case of a November hit-and-run involving City Councilman Clayton Perry, "filed an at-large case of driving while intoxicated" to the district attorney on Tuesday. 

The move effectively transitions the case to the office of Bexar County District Attorney Joe Gonzales, whose team will determine whether or not to officially charge Perry with DWI. On leave from City Council since mid-November, the District 10 representative has already been charged with failure to stop and give information in the Nov. 6 incident; it's a misdemeanor charge. 

No one was hurt in that crash. 

What we know so far

A crash report released by the Texas Department of Public Safety on Nov. 15 confirmed Perry's Jeep was involved in a hit-and-run incident that resulted in major damage to the other car, which had two occupants at the time. The crash happened about a half-mile from the council member's home. 

The report made no mention of alcohol being involved, but an SAPD officer who responded to Perry's home that night did not administer a sobriety test. 

According to the affidavit for Perry's arrest on the failure-to-stop charge, witnesses alleged numerous times that he was driving drunk at the time of the accident. 

The affidavit states a Bill Miller manager said he appeared to be drunk and slurring his speech, and even tried handing his wallet and keys to an employee. That restaurant location is located just minutes away from the scene of the crash. 

Documents state the crash happened after Perry left, and that witnesses followed him home when he allegedly fled the scene

Meanwhile, former City Council member Mike Gallagher was tapped last week to serve District 10 in Perry's absence, though he said he has no intentions of seeking a permanent post. Perry, for his part, has said he doesn't plan to resign the seat he's held since 2017. 

City Council on Nov. 14 censured Perry and issued a no-confidence vote against him in the aftermath of the crash, but rejected a formal call for his resignation. 



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