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Tarrant County D.A. declines charge against Midland police officer

The officer was initially arrested for assault family violence against an adult family member.

MIDLAND, Texas —

An officer with the Midland Police Department has returned to full-duty status after the Tarrant County District Attorney's Office declined to accept a charge against him.

The officer was initially placed on administrative leave after he was arrested in Tarrant County for assault family violence against an adult family member on Oct. 8.

According to the affidavit from the City of Arlington Police, the MPD Officer, Xzavier Martinez, was in a ride share vehicle around 1:30 a.m. in the morning with friends and family. The group was getting dropped off at their Airbnb when Martinez's brother got into a dispute with the driver, which led to him being put onto the ground and suffering injuries. 

Neighbors heard loud noises and arguments, which lead to Arlington Police Officers being called. All of the people involved were interviewed minus the driver of the ride share vehicle who left the scene. 

While Martinez's brother and others said that the driver pushed Martinez's brother out of the vehicle over a money dispute and that was the reason for the injuries. Xzavier was adamant that he punched his brother in the face in order to get him out of the vehicle and it was not the driver that pushed him out of the vehicle. 

Xzavier doubled down on his statement and said his friends and family members did not tell the truth because they did not want him to be fired as a Midland Police Officer, which he feared would happen as well. 

Officers determined that Xzavier was the primary aggressor in the situation and placed him under arrest for Assault Causing Bodily Injury/Family Violence. 

After the district attorney's decision, MPD’s Professional Standards Division performed an internal investigation and decided that the officer's actions were not in violation of department policy.

This is all the information we currently have on the situation. We will update this story as more details are released.

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