Investigators have cleared a Guadalupe County Sheriff’s Office deputy of criminal charges following his arrest late last year for suspicion of family violence, according to a news statement the sheriff released Tuesday.
GCSO Sgt. Robert Nelms got back to work last week, Sheriff Arnold Zwicke said.
“On Jan. 2, 2020, Inv. Sgt. Robert Nelms was allowed to return to duty,” the sheriff’s press release statement read. “Nelms had been placed on administrative leave without pay following the Nov. 21 incident.”
A representative from the Guadalupe County Attorney’s Office notified Zwicke’s office that a special prosecutor with the Caldwell County District Attorney’s office declined to further pursue the assault family violence charge against Nelms, Zwicke said.
The special prosecutor found that the victim requested non-prosecution and, according to a document Zwicke provided, that the evidence in the case indicated that the alleged victim actually was the aggressor in the incident and Nelms was acting in self-defense.
A Cibolo Police Department lieutenant said that officers arrested Nelms, 37, of Cibolo, about 8:45 the morning of Nov. 21 after going to the home he shared with his wife. Police found evidence of an assault and arrested Nelms, CPD Lt. Chris Kotzur said.
“We got called out there for a family disturbance between husband and wife,” the lieutenant said shortly after the arrest. “When the officers got over there, they were able to establish probable cause that an assault had taken place. That’s when Sgt. Nelms was taken into custody.”
Police arrested Nelms without further incident and took him to the Guadalupe County Jail. Zwicke learned shortly after that his sergeant had been arrested.
After putting Nelms on unpaid administrative leave, the sheriff allowed the investigation to run its course, Zwicke said.
He said on Tuesday that he was happy for the outcome and so was Nelms.
“Once we notified him that the case was declined, we asked him to come in, we sat down and visited with him and let him know his job was still safe,” Zwicke said. “He was happy, no doubt.”
Kotzur said Tuesday that he knew of the dismissal of the charge against Nelms. The special prosecutor said there was not enough evidence to prosecute, Kotzur said.
The investigation basically boiled down to a he said-she said situation, the Cibolo lieutenant said. As of Tuesday, no plans were in place to pursue charges against Nelms’ wife, Kotzur said.
“At this time we’re not looking to arrest her,” he said. “At this point, we’re not looking to file any charges but that doesn’t meant we won’t go forward if something more comes to light.”