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Dallas police probe shows ‘improper’ conduct but no criminal charges after woman dies in custody

Records obtained by The Dallas Morning News show one officer received a written reprimand as discipline. The second officer resigned during the investigation.

After nearly a year-long investigation, Dallas police released “disturbing” videos late Wednesday that show the final hours of Diamond S. Ross, a 34-year-old woman who died in police custody of an overdose in 2018. The videos show Ross repeatedly asking officers for help as she is placed in a police car and transported to jail.

In a statement on Wednesday, the Dallas Police Department said the arresting officer had faced discipline in the case but did not disclose the name of the officer or what punishment was imposed. Records obtained by The News show that DPD investigated two officers -- Sr. Cpl. Larry Moody and trainee William Ortega -- for their actions in the arrest. Ortega resigned during the investigation and Moody was issued a written reprimand, which is a form of formal discipline but lower than suspension, demotion or termination. An updated statement from the department Thursday evening included that information.

The internal affairs unit found both officers gave “improper” transport to a prisoner and failed to provide medical treatment. The department completed the investigation last month, according to records.

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Dallas police chief U. Reneé Hall did not respond to requests for additional comment Thursday. A statement from an assistant chief defended the disciplinary action.

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The following account is based on Dallas police records, including the initial police report and the subsequent death in custody report, and Dallas County medical examiner records.

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At about 5:40 a.m. on Aug. 18, 2018, police officers and an ambulance responded to a call in the 1400 block of Exeter Avenue, less than a mile from Ross’ home in southern Dallas. Police say Ross and her boyfriend (who lived there) had been arguing, and she had punched through an air conditioning unit to get his attention. Police said she was acting erratically and appeared to be under the influence of an unknown substance. She was combative with officers and arrested. It took several officers to subdue and handcuff her, records show.

Dallas-Fire Rescue officials cleared Ross for transport to jail. But police put her in the backseat of a patrol car and headed to the city detention center, about 8 miles away, to book her on outstanding warrants. But once she got to the detention center, records show, she was found unresponsive. A different Dallas-Fire Rescue crew arrived and took her to Baylor hospital. She was pronounced dead there shortly after 7 a.m. on Aug. 19.

DPD released a series of three edited videos Wednesday that it described as “disturbing,” that show Ross being arrested and at the detention center. Another video released Thursday evening shows Ross inside the police car.

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The videos came as a shock to members of Ross’ family.

Ethelyn Ross, Diamond’s mother, said the family learned about the videos Wednesday morning when Dallas police called them about their release. She said it was a straightforward call informing them the videos had been published. The family was not aware such videos existed before the call, Ethelyn said Thursday.

She said they wished they knew why the officers took so long to call in medics. One video shows Ross first enter the cell slumped back in a wheelchair for several minutes before she receives emergency medical care. Ethelyn called the video “painful and hurtful,” adding that the family was still under the impression that Ross had died of a drug overdose, but now feel first responders could have done more to save her as Diamond pleaded for help.

“Neglect caused her death,” Ross’ niece Kia’Tenai Thomas said.

The case prompted a strong response from Dallas Mayor Eric Johnson.

“I am deeply disturbed by these videos. The way in which Ms. Ross was handled was unacceptable. I expect to be briefed soon by Chief Hall and city staff on a plan that will ensure accountability and proper treatment of those in police custody,” Johnson said in a statement released Thursday.

The county medical examiner’s office determined that Ross died from an accidental drug overdose. The drug: PCP, an illegal psychedelic drug also known as angel dust. Ross had a history of drug use, according to the medical examiner’s report.

In the statement issued Wednesday, the department said that it was releasing the footage from an officer’s body camera and dash camera, and from inside the the jail “in an effort to be transparent.”

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Police records don’t break down the timeline in more detail. But a memo and reports obtained by The News from the Dallas City Marshal’s office, which runs the detention center, show a detailed timeline from when police officers arrived with Ross to when medics attempted to revive her.

According to internal statements from detention officers, Moody and Ortega arrived at the center with Ross around 6:48 a.m. Aug. 18. Ross “does not appear to be conscious,” according to a statement. She is handcuffed with her hands behind her back. Moody and Ortega picked Ross up with her forearms and carry her into the detention center.

A detention officer begins talking to Ross but she does not respond, one statement said. The officer then goes on to perform a chest rub on Ross and applied a pressure point to the back of her ear, but Ross still does not respond. When the officer told a sergeant who supervises the detention center that Ross needed an ambulance, Moody said that Ross had already been cleared by Dallas Fire-Rescue, the reports say.

The sergeant, according to the records, insisted that paramedics be called. Dallas Fire-Rescue arrives at the center around 7:12 a.m. and paramedics perform CPR, nearly 30 minutes after the officers first came in with Ross. Ross was found to be brain dead when she was taken to Baylor University Medical Center.

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Ortega, who joined the department in 2017, did not respond to a phone call seeking comment on Thursday. Moody declined to comment on Thursday. Moody, a board member of the Black Police Association, joined the department in 2007.

Terrance Hopkins, president of the Black Police Association of Greater Dallas, said it is “unfortunate” that Ross died, but said the autopsy ruled she died from an overdose.

“In this situation, the officers involved did nothing to cause the death of Ms. Ross,” Hopkins said in an interview.

Because there is no timestamp on the videos, it is unclear how much time passed between when officers responded to the scene and Ross was taken into custody.

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In the videos, Ross can be heard asking for help and water multiple times. One video from inside the jail shows Ross being dragged into a holding cell and then placed in a wheelchair. A clock in the corner of the video shows several minutes go by before the wheelchair is moved out of the cell, and paramedics arrive after Ross enters the room.

The department’s special-investigations unit handled the case because Ross’ medical emergency happened while she was in custody, police said, and the case was submitted to the Dallas County district attorney’s office.

The DA’s office declined to pursue criminal charges because Ross’ death was ruled an accidental overdose by the county’s medical examiner.

“The department’s sympathy is with the family over the loss of their loved one," police said in a statement. "It is never easy to lose someone unexpectedly.”

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An internal investigation determined that the arresting officer failed to secure Ross with a seat belt during her transport and did not obtain medical treatment for her when it became apparent that she was unresponsive.

When asked about the officers’ treatment of Ross, Hopkins said that police officers are not medical professionals and the paramedics had cleared Ross at the scene.

Records The News obtained show that Ortega joined the department in 2017 and resigned during the investigation in October 2018. According to internal affairs records, Moody was found to have violated the department’s off-duty employment policy in 2017 and 2012. The internal affairs unit also found Moody failed to follow establish procedures in 2011 and failed to complete reports on time in 2010. Moody was also in an officer-involved shooting, where he discharged his firearm in 2007.

Staff writers Holly Hacker, LaVendrick Smith and Hayat Norimine contributed to this report.