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Killing of Tony Timpa

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Killing of Tony Timpa
Frame from police body camera showing Timpa being held to the ground
DateAugust 10, 2016; 8 years ago (2016-08-10)
LocationDallas, Texas, U.S.
TypeHomicide, Police brutality
ParticipantsDustin Dillard
Kevin Mansell, Danny Vasquez (other officers)
DeathsAnthony "Tony" Allen Timpa, aged 32
ChargesNone
LitigationThree officers found liable, Timpa's son awarded $1 million for wrongful death

On August 10, 2016, Anthony "Tony" Allen Timpa, a 32-year-old, unarmed white man, was killed in Dallas, Texas by police officer Dustin Dillard. Officers had responded to a call by Timpa requesting aid for a mental breakdown due to the fact that he had not taken his prescription medication for schizophrenia and depression. Dillard pushed his body weight onto Timpa on the ground for around 14 minutes after he was already restrained, and officers ignored pleas from Timpa that he was in pain and was afraid he was going to die. Timpa's death was ruled a homicide due to "the stress of being restrained and extreme physical exertion" and toxic effects of previous cocaine use.[1]

No criminal charges have been filed, but in 2021, a judge ruled that a wrongful death lawsuit filed by Timpa's family had merit and could go to trial. The civil trial concluded in September 2023, with the jury awarding Timpa's son $1 million.[2]

Background

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Timpa was a 32-year-old American trucking company executive from Rockwall, Texas.[3] He had called 9-1-1 for aid, telling the dispatcher that he had schizophrenia and depression but had not taken his prescription medication.

Incident

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Timpa had already been handcuffed by a security guard when a group of officers arrived. They restrained him on the ground while he squirmed, repeatedly crying out, "You're gonna kill me!" After he fell unconscious, the officers assumed he was asleep and, rather than confirm that he was breathing or feel for a pulse, joked about waking him up for school and making him breakfast.[4] They kept him prone on grass for nearly 14 minutes and zip-tied his legs together, one pressing his knee into Timpa's back. One of the paramedics called to the scene administered the sedative Versed. The responders began to panic only as they loaded Timpa's body onto a gurney, one exclaiming, "He didn’t just die down there, did he?" Timpa died within 20 minutes of police officers' arrival of "cocaine and the stress associated with physical restraint", according to his autopsy.[5]

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It took over three years for footage of the incident to be released. The footage contradicted claims by Dallas Police that Timpa was aggressive.[6][7] The officers involved were Sgt. Kevin Mansell and Officers Danny Vasquez and Dustin Dillard.[8] Criminal charges against three officers were dropped in March 2019 and they returned to active duty.[9] An excessive force civil lawsuit against the officers was dismissed by U. S. District Judge David C. Godbey in July 2020 on the basis of qualified immunity.[10][11]

On December 15, 2021, the Fifth Circuit Court of Appeals issued a decision reversing the trial court decision giving the officers qualified immunity, which means the Timpa family won the right to go to trial in their case against Dillard.[12][13]

In September 2023, a jury found three officers liable for Timpa's wrongful death, awarding Timpa's son $1 million.[2] Two jurors later said they regretted not giving Timpa's family more in damages.[14]

Reactions

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Timpa's death came to prominence in 2020 after the murder of George Floyd, who died in a similar way.[15] When Derek Chauvin was convicted of murdering Floyd, a number of commentators drew comparisons between Floyd and Timpa. Ryan Mills, writing in the National Review, claimed that "There was no national uproar after Timpa's death. No national cries for justice and reform. The city of Dallas paid no settlement to Timpa's family." Mills also said "there was more community pressure" in the Floyd case.[11]

References

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  1. ^ "Tony Timpa autopsy report". Archived from the original on 2023-03-05. Retrieved 2023-03-05.
  2. ^ a b Osibamowo, Toluwani (27 September 2023). "Federal jury awards $1 million to Tony Timpa's son, finds 3 Dallas police officers liable for his death". KERA News. Retrieved 23 September 2024.
  3. ^ Bonvillian, Crystal (1 August 2019). "'You're gonna kill me': Body cameras show man's death at hands of Dallas cops". The Atlanta Journal-Constitution. Archived from the original on 14 June 2021. Retrieved 14 June 2021.
  4. ^ RAW VIDEO: Officer Dustin Dillard's bodycam shows in-custody death of Tony Timpa, archived from the original on 2022-04-05, retrieved 2022-04-05
  5. ^ Aspinwall, Cary; Boucher, Dave (June 22, 2020). "'You're gonna kill me!': Dallas police body cam footage reveals the final minutes of Tony Timpa's life". The Dallas Morning News. Archived from the original on June 5, 2021. Retrieved June 13, 2021.
  6. ^ Theibault, Reis (31 July 2019). "Police laughed and joked as he lost consciousness in handcuffs. Minutes later, he died". The Washington Post. Washington DC. Retrieved 31 July 2019.
  7. ^ "Cops Caught Joking as Man Dies in Their Custody | NowThis". Youtube. NowThis News. Archived from the original on October 1, 2020. Retrieved Aug 2, 2019.
  8. ^ "Charges against 3 Dallas officers dropped in arrest death". AP News. March 19, 2019. Archived from the original on 9 September 2020. Retrieved 29 May 2020.
  9. ^ "Family Discusses Video Showing 2016 DPD Arrest, Man's Death". NBC DFW. August 2, 2019. Archived from the original on June 5, 2021. Retrieved June 13, 2021.
  10. ^ Krause, Kevin (7 July 2020). "Federal judge tosses excessive force suit against five Dallas officers in Tony Timpa case". The Dallas Morning News. Archived from the original on 13 June 2021. Retrieved 13 June 2021.
  11. ^ a b Mills, Ryan (6 May 2021). "Tony Timpa Suffered the Same Fate as George Floyd — But Received None of the Attention". National Review. Archived from the original on 20 June 2021. Retrieved 13 June 2021.
  12. ^ Schwartz, Joanna C. (29 December 2021). "He died after a cop kneeled on his neck for 14 minutes. Now, his family can finally sue". USA Today. Retrieved 23 September 2024.
  13. ^ Timpa v. Dillard, No. 20-10876 (5th Cir. 2021)
  14. ^ Smith, Kelli (2 October 2023). "2 jurors say they failed Tony Timpa in verdict for Dallas cops: 'I should have done more'". The Dallas Morning News. Retrieved 23 September 2024.
  15. ^ Miller, Trace (June 1, 2020). "'This Rage That You Hear Is Real': On the Ground at the Dallas Protests". D Magazine. Archived from the original on June 14, 2020. Retrieved June 13, 2021.
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