Bexar County District Attorney Joe Gonzales said actor Will Smith would have been charged with assault if he had publicly slapped someone in Bexar County.
“Even if a complainant would’ve later indicated a willingness or a desire to drop charges or to waive prosecution, there’s enough probable cause to arrest and charge an individual like that,” Gonzales said, commenting on the moment televised at the Oscars late Sunday as Smith struck comedian Chris Rock, who had delivered an edgy joke about Smith’s wife.
“Had it happened here in Bexar County, I would’ve instructed our prosecutors to accept that case,” Gonzales said.
The Los Angeles Police Department said Chris Rock had declined to file a police report, and they would investigate the incident only if Rock changed his mind.

The much-discussed slap Will Smith delivered to comedian Chris Rock during the Oscars received an avalanche of local social media posts, including San Antonio D.A. Joe Gonzales’s hot take.
FacebookGonzales took a harder line.
The Democratic district attorney, who faces Republican challenger Marc LaHood in November, said he and his wife were shocked when they watched the incident on television. In less than half an hour, Gonzales posted his thoughts about Smith’s actions on Facebook, saying, “words alone are never sufficient provocation for an assault in the eyes of the law and in a civilized world. He’s not the fresh prince of Bel-Air I once admired.”
Gonzales was equally dismayed that the Academy of Motion Picture Arts and Sciences and other actors at the awards program did not immediately condemn Smith’s actions. Knowing that Smith is a role model, he felt a responsibility to call out the behavior.
The Academy Monday condemned Smith’s actions and said it had started “a formal review” of the incident.
On ExpressNews.com: Ayala: 2022 Oscars will be remembered for Smith’s rage, not his win
The much-discussed slap set off an avalanche of social media posts, tweets and comments from San Antonians. Some defended Smith’s actions in response to Rock’s joke, referencing Jada Pinkett Smith, who has alopecia, a hair-loss condition.
“Jada, I love ya. G.I. Jane 2, can’t wait to see it,” Rock quipped, referencing a 1997 movie in which actress Demi Moore portrayed a military trainee with a shaven head.
Unedited videos of the incident showed Smith walking on stage toward Rock, slapping him, then walking back to his seat, where he warned Rock twice, shouting, “keep my wife’s name out of your f—ing mouth.” Most American viewers only saw an edited version of the exchange.
Although Smith later apologized to the academy and fellow actors during his best actor award acceptance speech, “his level of remorse, in my opinion, did not go far enough. He should’ve recognized that what he did in slapping Chris Rock was wrong,” Gonzales said.
“I can understand why Smith did what he did in terms of trying to defend his wife’s honor, but that’s not the way to do it,” he said. “I hope we all can learn to exercise restraint whenever we’re faced with a situation like that.”
On Twitter, City Councilman Clayton Perry took a less serious approach to the incident. He posted a meme that depicted a photo of the now-famous slap, with the image of Smith labeled, “CM Perry” and “Property Taxes” emblazoned across the tuxedo-clad comedian Rock.
Former WOAI-TV news anchor Delaine Mathieu, now a real estate agent, had a neutral position. On Facebook, she posted, “Right or wrong — one thing is certain: Will Smith has a pair.”