The Dallas Police Department promoted the officer who pinned Tony Timpa to the ground for nearly 14 minutes before his 2016 death, drawing criticism from an attorney representing Timpa’s family.
Dustin Dillard was elevated this week to the rank of Sr. Cpl., a role that involves training rookie officers. He was celebrated among dozens of other officers Tuesday at the Dallas police promotional ceremony, where he shook Chief Eddie García’s hand and posed for pictures in a video posted on Facebook by the department. The chief then patted Dillard on the arm.
He’s one of four officers facing excessive force accusations in a civil rights case about Timpa’s death. The city is representing Dillard and the three other officers — Raymond Dominguez, Kevin Mansell and Danny Vasquez — and in late April appealed to the U.S. Supreme Court to prevent the case from being heard by a jury.
All but one of the officers remain with the department. Mansell retired in August 2019.
Geoff Henley, an attorney representing Timpa’s family, said relatives are frustrated with how long the lawsuit has stretched on, which he said has made it difficult for them to move forward. He said the family “will be angry to hear” about the promotion.
“It definitely indicates that the city doesn’t believe, in any regard, that its officers have done wrong here, and so the city should certainly bear responsibility for that,” Henley said.
García, who became chief in 2021, declined to comment on the promotion or Henley’s concerns.
Timpa’s death was first reported in 2017 when an investigation by The Dallas Morning News showed the Dallas Police Department would not say how Timpa died. In 2019, after a three-year legal battle, The News obtained the body-camera footage of responding officers.
Timpa, who had a mental illness, called 911 on Aug. 10, 2016, from the parking lot of a Dallas store, saying he was afraid and needed help. He told a dispatcher he suffered from schizophrenia and depression and was off his prescription medication.
Responding officers handcuffed him and zip-tied Timpa’s legs together as he writhed on the ground. Dillard was seen in the body-camera footage pinning Timpa with his knee in his back for more than 13 minutes, using a controversial method of restraint known as the “prone position.”
Timpa pleaded for help more than 30 times before he lost consciousness.
The officers can be heard in the footage laughing and joking about waking him up for school and making him waffles for breakfast. They began to panic moments later as they loaded Timpa’s lifeless body onto a gurney.
Dillard can be heard in the footage saying: “I hope I didn’t kill him.”
After emergency medical technicians told him that Timpa died, Dillard turned to someone before shutting off his body camera and said, “Sorry. We tried.”
Timpa’s death was ruled a homicide in an autopsy report due to the effects of cocaine and being physically restrained. Dillard, Mansell and Vasquez were indicted in 2017 on charges of misdemeanor deadly conduct, but Dallas County District Attorney John Creuzot later dismissed those charges.
The three officers were initially disciplined internally for “conduct discrediting” the department, but those allegations were also dropped when the criminal charges were dismissed.
