Boerne police officer Cpl. Cheyenne Weber, who fatally shot 41-year-old Brandon Cruz in February, will not face any criminal charges in Kendall County after the grand jury met earlier this month and opted not to move forward in the case.
According to a press release from the city, a high-speed chase originated out of Gillespie County at about 1:30 p.m. Feb. 21 and continued into Kendall County. Information passed to officers stated Cruz’s family was able take a gun away from him in the Fredericksburg area before he drove away. They were not sure if he had any additional weapons. Information stated Cruz was described as “suicidal.”
The chase continued in Kendall County and into Boerne, where attempts were made to stop the vehicle. Officers lost sight of Cruz’s vehicle, but sometime later Cruz and his car were spotted in the back parking area of the apartment complex at 825 Johns Road.
“After a lengthy pursuit, KCSO backed off and Boerne PD officers and Texas DPS attempted to stop Cruz as he entered the city limits of Boerne,” the custodial death report BPD submitted to the state reads. “Cruz continued to evade. The officers lost sight of Cruz in the area of the 800 block of Johns Road. After searching the area, a civilian notified the trooper that he saw the vehicle drive to the back of the apartment complex at 825 Johns Road.”
The report states Cruz failed to obey Weber’s commands and “used his cell phone as a simulated handgun (held in the manner you would a firearm and pointed it at the officer).”
Weber realized it was a cell phone and continued to order Cruz out of his vehicle, the information stated.
The report states Cruz then “accelerated at a high rate of speed backwards into a Boerne PD unit” before driving forward again toward the state trooper’s vehicle.
“In fear of the trooper’s life, the Boerne PD officer (Weber) fired his gun multiple times, striking Cruz multiple times,” the report reads. “Cruz was pronounced dead at the scene.”
A statement from BPD indicated Weber was placed on administrative duty while the Texas Rangers conducted an investigation, but Weber appears to be back in the field, according to a statement from BPD officials Monday morning.
“At this time, we have no additional comment but can confirm officer Weber is no longer on administrative duty,” the statement read.
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