Shocking bodycam footage revealed the moment Texas police officers shot a man in the head with pepper bullets as he sat on the grass outside of a cemetery.
Guadalupe County officers were seen in the footage on June 27, 2021, approaching now 44-year-old Ronald Smith, who was sat cross-legged on the grass, with weapons held out in front of them pointed at Smith.
Smith’s attorney, Andres Cano, told DailyMail.com: ‘He’s waiting for his wife to come get him and he sees this [guy] running across with a gun pointed at him, yelling shrieking, shouting.’
‘Within ten seconds, another one rolls up and jumps out and they’re pointing guns at him. You know, he’s terrified… He’s freaking out, he calls 911 on them,’ Cano said.
‘Smith is frozen. He’s kind of frozen by fear and one of the deputies’ switches to a pepper ball gun.’
Bodycam footage showed one officer appear to take a moment to switch over to an orange-colored weapon, before Smith was shot in the head with the pepper bullet.
Cano said that Smith had been exercising during the Covid-19 pandemic, when moments outside were especially cherished.
‘He’d go out in the countryside, for walks, two- or three-hour walks, to stay in shape and to keep mental sanity,’ Cano said. ‘And that’s what he [was doing].’
Guadalupe County officers were seen in the footage approaching now 44-year-old Ronald Smith, who was sat cross-legged on the grass, with weapons held out in front of them pointed at Smith
Bodycam footage showed one officer appear to take a moment to switch over to an orange-colored weapon, before Smith was shot with the pepper bullet
The officers argued that their actions were ‘objectively reasonable’ because ‘Smith ran from Saenz, trespassed through private property, behaved erratically, then refused to follow the officers’ orders once Saenz caught up to him and Gonzalez on the scene’
The officers, Deputies Hunter Saenz and Jimmy Gonzales, allegedly ‘menaced Smith with pointed firearms, struck Smith with a pepper round in the head, football smashed Smith on the ground, and leaped on his back with their knees on his neck and head,’ court filings claimed.
According to the complaint filed by Smith, before the confrontation, Saenz’ cruiser had ‘drifted across the side shoulder, and nearly struck Smith,’ while he was exercising.
This prompted Smith to give Saenz the middle finger, the filing stated, which ‘indicated Smith’s displeasure at nearly being run over and killed.’
From then, Saenz was alleged to have ‘circled [Smith] like a shark,’ and ‘kept driving by Smith.’
After losing sight of Saenz, Smith continued his walk before he stopped to rest.
Yet, as he waited for his wife to pick him up, he was approached by the two officers with their weapons drawn.
Smith threw one hand in the air, with the other holding his phone which he had used to dial 911 after seeing the officers’ weapons drawn at him.
‘Smith was speaking directly with the 911 operator when Saenz shot him in the left temple with a ‘pepper ball,’ the complaint stated.
A white substance was spread over Smith’s face from the projectile, which the complaint said contained a respiratory irritant causing Smith ‘physical distress and labored breathing’
The officers, Deputies Hunter Saenz and Jimmy Gonzales, allegedly ‘menaced Smith with pointed firearms, struck Smith with a pepper round in the head, football smashed Smith on the ground, and leaped on his back with their knees on his neck and head,’ court filings claimed
A white substance was spread over Smith’s face from the projectile, which the complaint said contained a respiratory irritant causing Smith ‘physical distress and labored breathing.’
The two officers were then seen on the bodycam footage leaping toward Smith and placing their bodyweight on top of him. He was stood upright after being handcuffed, and his Miranda Rights were read to him, ‘indicating a full custodial arrest.’
Court filings then alleged that Supervisor Robert Locker, who arrived minutes later, had tried to ‘persuade’ neighboring property owners to press Trespassing charges against Smith.
Yet, the property owners refused, and Smith was charged instead with Misdemeanor Evading Arrest by foot.
On August 11, 2022, the charges were then dismissed by the State of Texas.
According to Cano, the deputies had no basis for arresting Smith or using any force against him.
‘[The officers] are trying to figure out, well, why do we have this guy?’ Cano said. ‘So, they took him to the hospital, then they took him to jail… there was no lawful basis to stop him… [the deputies’] first response is he’s concerned about him.’
‘But then he makes up four or five other reasons why he needs to talk to him and seize him, and none of them make sense.’
‘Even the Fifth Circuit has limitations,’ Attorney Andres Cano said. ‘This is patently frivolous, and law enforcement doesn’t want to recognize their own videos… Such defense is not based on reality, the facts, the circumstances, or the law’
!['So, they took him to the hospital, then they took him to jail... there was no lawful basis to stop him... [the deputies'] first response is he's concerned about him.' 'But then he makes up four or five other reasons why he needs to talk to him and seize him, and none of them make sense,' said Cano](https://i.dailymail.co.uk/1s/2025/04/01/18/96795377-14559541-_So_they_took_him_to_the_hospital_then_they_took_him_to_jail_the-a-11_1743527110283.jpg)
‘So, they took him to the hospital, then they took him to jail… there was no lawful basis to stop him… [the deputies’] first response is he’s concerned about him.’ ‘But then he makes up four or five other reasons why he needs to talk to him and seize him, and none of them make sense,’ said Cano
In the video, Saenz said: ‘I was just gonna check on him, until I turn around, he started running.’
Smith, who was on his knees in cuffs at the time, said he ran, ‘because you tried to shoot me sir.’
‘I feared for my safety, my life over you,’ Smith was heard saying in the footage.
‘They deny [that] they pull guns on him… even in their own reports, they admit, yeah we pull our guns,’ Cano said.
In response to Smith’s federal civil rights lawsuit against the officers, they in turn filed a motion for summary judgement asserting they had qualified immunity against Smith’s claims, Law & Crime reported.
Their motion, however, failed at the district court level and now, they are seeking the 5th US Circuit to intervene and overturn the ruling, according to the outlet.
The officers argued that their actions were ‘objectively reasonable’ because ‘Smith ran from Saenz, trespassed through private property, behaved erratically, then refused to follow the officers’ orders once Saenz caught up to him and Gonzalez on the scene.’
Cano, however, told Law & Crime that the appeal was ‘frivolous.’
!['He can't look at the images because it still disturbs him,' Cano said. 'It affected [him] in the way he doesn't go exercise anymore. He's kind of reclusive. He doesn't like to go out in the public anymore'](https://i.dailymail.co.uk/1s/2025/04/01/18/96795365-14559541-_He_can_t_look_at_the_images_because_it_still_disturbs_him_Cano_-a-13_1743527110363.jpg)
‘He can’t look at the images because it still disturbs him,’ Cano said. ‘It affected [him] in the way he doesn’t go exercise anymore. He’s kind of reclusive. He doesn’t like to go out in the public anymore’
‘Even the Fifth Circuit has limitations,’ he said. ‘This is patently frivolous, and law enforcement doesn’t want to recognize their own videos… Such defense is not based on reality, the facts, the circumstances, or the law.’
Yet, years later, Smith has been left scarred by the encounter.
‘He can’t look at the images because it still disturbs him,’ Cano said. ‘It affected [him] in the way he doesn’t go exercise anymore. He’s kind of reclusive. He doesn’t like to go out in the public anymore.’
‘Those are things he’s had to deal with,’ he continued. ‘[The officers] just haven’t understood what they’ve done to somebody.’
