Civil trial against four Dallas police officers in 2016 death of Tony Timpa pushed back
DALLAS (CBSNewsTexas.com) — It will be more than seven years since Tony Timpa died in the custody of Dallas police when a civil case against four officers will go to trial.
On the day jury selection was scheduled to begin in the wrongful death lawsuit, U.S. District Judge David Godbey delayed the trail until at least September.
The I-Team reached out to Godbey's office to ask the reason for the delay and are still awaiting an answer. Sources told the I-Team that the federal judge was upset with media coverage and is expected to place a gag order on everyone involved in the case.
After years of appeals that went all way to the U.S. Supreme Court, the civil trial against Dallas police officers Dustin Dillard, Danny Vasquez, Sergeant Kevin Mansell, and Corporal Raymond Dominguez, was scheduled to start Monday.
Four years ago, criminal charges against those four officers were dropped but a lawsuit suit filed by the Timpa family was allowed to move forward.
When Timpa, 32, called 911 on the night of Aug. 10, 2016, he was scared, disoriented and high on cocaine. He was looking for help.
But the wrongful death lawsuit claims help is not what Timpa got that night from police.
"Everyone wants police to serve them and to be protective—not kill people and lie about it," Timpa's mother, Vicki Timpa, told the I-Team in an interview last month. "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."
When the 32-year-old called 911 that night, he told the dispatcher he was off his medication and needed help. Timpa suffered from schizophrenia and depression, according to his mother.
According to police records, Timpa then ran out of an adult video store and walked right into the middle of traffic when 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. Body camera footage shows Officer 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.
The Dallas city attorney representing the officers declined to comment on the case, and repeated requests from the I-Team to the Dallas Police Association went unanswered.
Based on court documents submitted by the defense and from interviews over the years, 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."
"The things that are most hotly contested are cause of death and excessive force," Timpa's family attorney, Geoff Henley, told the I-Team last month.
Both sides had medical experts lined up to testify this week about what caused Timpa to die. The four officers were also expected to testify.
"There is tremendous trust that we place in police officers, as well we should," Henley said. "But those individuals that are charged with that power have grave responsibilities not to abuse it."
Timpa Lawsuit by CBS 11 News on Scribd
