San Marcos council member arrested after allegedly biting security guard

AUSTIN, Texas - A San Marcos City Council member now faces an assault charge after an altercation that unfolded in downtown Austin.

What happened?

The backstory:

Lorenzo Gonzales, council member for Place 5, is charged with assault on a public servant.

According to an arrest affidavit, it happened on Sunday, Sept. 13. Officers responded near Lavaca and 3rd Street for reports of two separate altercations in downtown Austin.

In the initial incident, a man by the name of Richard was hit in the face by a subject who fled the scene prior to officers’ arrival. An officer stated that while Richard was speaking with security guards, Lorenzo Gonzalez walked up to the security staff and began arguing. It was at this time that a fight happened.

Video surveillance provided by the security company allegedly shows Gonzalez beginning to argue with the security guards. Gonzalez can then be seen pushing one of the security guards twice, with one of the guards claiming that Gonzalez also punched him in the chest. In return, Gonzalez was pushed away and seconds later "fell to the ground." As security attempted to detain him, one of the security guards said that Gonzalez bit him on the hand. The APD detective responding to the scene observed a puncture wound between the security guard's index finger and thumb, with blood around the area that Gonzalez had allegedly bitten him.

Gonzalez was arrested on a $5,000 bond but was released on Monday. Bond records show that under his employer, Gonzalez listed ‘City of San Marcos,’ with ‘City Council’ listed as his position.

Gonzalez returned to his duties at Tuesday’s City Council meeting. Although facing a felony charge, the city's charter will keep him from having to vacate his seat.

Criminal defense attorney speaks about case

Dig deeper:

"He can't be removed from the San Marcos City Council under their city charter unless he's actually convicted," says Gene Anthes, a criminal defense attorney.

Under Texas Law, assault would typically be a misdemeanor, but since it was directed towards a security guard, it carries extra weight.

"That normally would be a Class A misdemeanor. It gets enhanced to that third-degree felony when a public servant or security guard, like this case, is involved," says Anthes.

Anthes said that a case such as this could take up to a year to resolve and could carry a heavy sentence, but it’s not likely.

"The punishment range is anywhere between, in theory, two to ten years in prison. He's not going to prison, that's not going to happen. The real worst-case scenario for something like this in between four and five years of probation."

What's next:

FOX 7 has reached out to Lorenzo Gonzalez as well as his attorney for comment but have yet to hear back.

The City of San Marcos said it didn’t have any information to share beyond what’s included in the City Charter regarding City Council eligibility. 

Since Gonzalez was not acting in an official capacity at the time of the incident, the city said it didn’t have any additional comment at this time.