Tony Timpa's 2016 wrongful death civil trial set to begin yet again after two-month delay

DALLAS (CBSNewsTexas.com) - The civil trial against four Dallas police officers in the 2016 death of Tony Timpa is set to begin, yet again, Monday.

More than seven years ago, 32-year-old Timpa died in the custody of Dallas police after he called 911 for help. Timpa told the dispatcher he was scared, off his medication and had taken cocaine. 

For years the City of Dallas fought the case from even going to trial but, after delays and appeals that went all way to the U.S. Supreme Court, the federal trial was set for July 2023.

However, on the day jury selection was scheduled to begin, U.S. District Judge David Godbey delayed the trial. According to court records, he was concerned about the media attention the case was receiving.

The federal judge then issued a gag order on the attorneys and witnesses involved in the case and reset the trial for September 18.

According to court records, on the night of August 10, 2016, Timpa was experiencing a mental crisis.

After calling 911, Timpa ran out of an adult video store and walked right into the middle of traffic. Two security guards restrained him until the Dallas police officers arrived.

With Timpa's hands cuffed and feet zip-tied, officers pinned him face down. Police body camera footage shows Dallas Officer Dustin Dillard had his knee on Timpa's back for more than 13 minutes.

Timpa can be heard on the video telling the officers, "You are going to kill me." He repeatedly asked for help, saying "help me" more than 35 times.

After 11 minutes with the officer's knee on his back, Timpa went silent. The officers can be heard on video joking and laughing that Timpa had fallen asleep. It is only when they place him on a stretcher that they question whether he's alive.

Dillard is heard on the video saying, "I hope I didn't kill him," followed by more laughter from the officers.

Four years ago, the Dallas district attorney dropped all criminal charges against Dillard, Officer Danny Vasquez, Sergeant Kevin Mansell and Corporal Raymond Dominguez.

However, the lawsuit suit filed by the Timpa family moved forward.

In a June 2023 interview with the CBS News Texas I-Team, Timpa's mother, Vicki, expressed her frustration with the delays in the case.

"No one should have to go through this," she said. "I haven't had any closure, no apologies, no admitting anything. They could say that they are sorry but I haven't heard that yet."

Based on court documents and past interviews, the defense claims the officers only restrained Timpa so they could get him the medical treatment he needed. The defense points out the officers' actions did not cause Timpa's death and that they did not violate his constitutional rights and; therefore, are not liable for his death.

An autopsy report ruled Timpa's death a homicide as a result of "sudden cardiac death" due to the "toxic effects of cocaine" and "stress associated with physical restraint."