SAN ANTONIO - Following a December 2017 investigation into a case of human smuggling, San Antonio Police Officers Association president Det. Michael F. Helle has sent a letter to the mayor and City Council asking that San Antonio Police Department Chief William McManus be placed on administrative leave.

On Dec. 23, about a dozen immigrants were located in a tractor-trailer on the city’s East Side.

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A suspect, 58-year-old Herbert Alan Nichols, was charged with smuggling of persons.

According to the police report, Homeland Security was contacted but the immigrants were released.

A spokesperson with the San Antonio Police Department said that the department had no legal authority to keep the immigrants in police custody and that "the City may have faced legal liability if SAPD had done so." Department officials also said that SAPD did not stop the Homeland Security agent from taking the immigrants into federal custody. 

According to Helle’s letter, McManus showed up at the scene unrequested, which is his right, and informed Homeland Security that San Antonio police would “handle the case.” It’s further stated that the 12 immigrants were released before they could be properly identified, on McManus’ orders.

In the letter, Helle calls for McManus to be placed on leave pending a full investigation into the matter by a state or federal agency. 

San Antonio City Manager Sheryl Sculley issued the following statement: 

“The Chief of Police reports to the City Manager. I fully support Chief McManus’ handling of the smuggling case and have no intention of placing him on administrative leave. No rule, directive, regulation or law was broken or circumvented. The Chief acted within his jurisdiction and, as acknowledged by federal law enforcement, had no real authority to hold the 12 individuals after they were questioned. On Dec. 23, Homeland Security Investigations (HSI) was notified early in the SAPD investigation. One HSI agent responded to the scene, was present at SAPD headquarters and was provided access to the 12 individuals. At no time did SAPD restrict or prevent HSI from taking custody of the individuals.”

City Councilman Rey Saldana also issued a statement in support of Chief McManus on Monday.