Former BCSO lieutenant slams sheriff after winning $395,000 settlement

SAN ANTONIO – A former Bexar County sheriff's lieutenant who received a $395,000 settlement from the county this spring told KSAT that Sheriff Javier Salazar tried to smear her name after posting photos and videos of her near of the US Capitol building during the January 6, 2021 riot.

“It just shows a very low level of intelligence on his part.” And I don't say that to be ugly. I say that because it’s the truth,” Roxanne Mathai said in her first public comments to KSAT.

Mathai had traveled to Washington, D.C., to see then-President Donald Trump give a speech at a rally.

She was one of thousands of people who marched from the Ellipse to the U.S. Capitol grounds.

Mathai, dressed in a red, white and blue superhero outfit, posted photos and videos of herself on Facebook near the Capitol as a protest escalated into a deadly riot.

In one clip, Mathai recorded herself saying, “We’re going. »

“I felt the need to reveal it when I said 'we're going', because I meant closer to the crowd. I wanted to see things,” Mathai told KSAT.

Mathai claims she was unaware of the large-scale chaos taking place in front of her, was hundreds of yards from the rioters, and arrived on the Capitol lawn long after the majority of the crowd did it.

She said that after Trump's speech, she stopped to use the bathroom and was walking with a friend who frequently stopped to take photos.

“I would definitely do it again because I’ve never done anything wrong.” I've never done anything illegal. So why don't I do it again? » Mathai said.

Lawyer: Salazar's comments created serious liability for county

A day after the riot, Salazar gave a virtual interview in which he condemned Mathai and said he intended for her to never set foot in the Bexar County Jail again.

Mathai, who had worked as a detention supervisor, was fired months later for rule violations, including conduct unbecoming an officer and failing to report crimes.

She appealed her dismissal to a third-party arbitrator, who upheld her dismissal in late 2021.

During an appearance at Mathai's arbitration a few months earlier, Salazar said people at the Capitol were actively trying to hunt down and lynch members of Congress.

Attorney Mark Anthony Sanchez, who took on the case and ultimately filed a federal lawsuit against the county and Salazar in late 2022, said Salazar's testimony continued a trend of him incurring legal liability regarding Mathai's dismissal.

“When I looked at the case, I felt like the county was facing serious responsibility,” Sanchez said.

The suit alleged a retaliatory release and claimed the county violated Mathai's constitutional rights, including his right to free speech.

Sanchez said Salazar's testimony during a deposition for the case in late November further exposed the county's liability.

During an exchange between Sanchez and Salazar, Sanchez asked the sheriff if he thought Mathai was a terrorist.

“I believe it – that the insurrection itself was a terrorist act and that she was there to support it,” Salazar testified.

Asked by Sanchez again if Salazar thought Mathai was a terrorist, the sheriff responded, “Yes,” according to deposition records.

“I would love for him to sit at a table across from me and tell me how I am a terrorist,” Mathai said.

“He makes no sense, no idea how to respect the First Amendment rights of employees who are on their own time participating in political activities for their own personal positions and values,” Sanchez said.

A settlement order in Mathai's lawsuit against Bexar County and Salazar was entered into the record on April 23, according to federal court records.

Salazar, through a spokesperson, declined a request from KSAT to be interviewed for this story.

The spokesperson referenced a previous statement Salazar released earlier this year after the county agreed to the $395,000 settlement.

“The termination in this matter was made in accordance with policy and was upheld by an arbitrator. The decision to settle was made outside of the BCSO. There has been no wrongdoing on the part of the administration and I stand by our actions,” Salazar said April 26.

More than 1,400 people have faced criminal charges in connection with the riots, according to updated figures from the U.S. Department of Justice.

Mathai has not been criminally charged and has never been formally accused by any law enforcement agency of any criminal acts.

In August 2022, a state administrative judge changed Mathai's BCSO discharge from “dishonorable” to “general.”

Mathai said she is currently working on getting her peace officer license and plans to run for sheriff against Salazar in four years, if he is re-elected in November.

As part of his settlement, Mathai is eligible to reapply to work for BCSO, Sanchez confirmed to KSAT.

“I had to open my eyes and see what was happening and see that I deserve better and I can do better,” Mathai said.

“Roxanne is a patriot and her case serves as a beacon, a beacon of hope, because in our constitutional republic we will respect the rights of people to think freely and to associate freely and essentially to protect the diversity of viewpoints” , Sanchez said.

The assistant prosecutor who handled the case for the county ended days after the settlement was publicly acknowledged

Days after the county publicly acknowledged the settlement with Mathai, the assistant prosecutor who handled the case, Susan Bowen, was fired from the Bexar County Prosecutor's Office.

Bowen, who had worked for the DA's office since 1991, was informed on May 9 that her employment was effective immediately, according to her personnel file.

Bowen had been promoted within the DA's office as recently as late October, according to her personnel file.

DA officials declined to discuss the reasons for Bowen's firing and whether his firing was related to his handling of the Mathai trial, calling it a “personnel matter.”

“There are certain things that the media is not allowed to know and there are certain things that at some point the public will have a right to know,” Bexar County District Attorney Joe told KSAT Gonzalez.

He said “there may be litigation” at some point in the future regarding Bowen's termination and that it would be inappropriate for him to discuss his employment with the agency.

Bowen did not respond to a phone call seeking comment for this story.

KSAT found no record that she had been accused of professional misconduct.

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