Newly released body camera footage from the night Tony Timpa died details the response of the officers who initially faced criminal charges for the 2016 in custody death. Prosecutors dismissed the charges in March of 2019.
On Friday, Timpa's family held a news conference in response to the release of the body cam video. Video from that news conference can be seen below.
High on cocaine, according to an autopsy, Timpa ran out of the store and into traffic before security guards handcuffed him. With Dallas police officers and Dallas Fire-Rescue personnel on scene, Timpa died.
A Dallas County medical examiner ruled the death a homicide, saying Timpa died of sudden cardiac arrest, secondarily caused by the effects of cocaine and stress from being restrained.
After a lengthy legal battle, NBC 5 and the Dallas Morning News obtained body camera footage from three officers who responded to the scene. The video was released Tuesday.
NBC 5 NewsThe video shows officers arriving after Timpa was already in cuffs. Timpa is on the ground and, at first, attempting to get back up.
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At least one officer can be heard saying Timpa tried to kick him. The officers zip-tie his feet and switch out handcuffs.
First responders can be heard asking if he's on drugs, "Tony, Tony, what did you take today?"
Timpa is restrained for about 14 minutes. On the video, he is face down on the ground and becomes quiet.
"Tony, are you still with us?" is heard on the bodycam footage.
One officer asks if he's still breathing, another responds he heard Timpa snort.
The rescuers begin joking about waking Timpa up, "Tony, time for school."
There's laughter on the footage.
"I don't want to go to school. Five more minutes mom," officers can be heard saying as Timpa lies motionless.
When officers help move Timpa onto a stretcher, he is unresponsive.
"He didn't just die down there did he?" asks an officer. "I hope I didn't kill him."
A paramedic later confirms Timpa is not breathing. A paramedic asks an officer for help as they begin CPR in the back of the ambulance.
"You will see how long it is that it takes for them to realize he's not doing anything," said Geoff Henley, attorney for the Timpa family.
The family is suing three officers, alleging excessive force.
Henley said Timpa should not have been restrained for 14 minutes.
"He was not resisting, he was not armed, he was not threatening the officers," said Henley. "As a result, his death was an inexcusable tragedy."
But the death was not criminal. Earlier this year Dallas County District Attorney John Creuzot dismissed pending misdemeanor charges against three officers.
His office said he met with all three medical examiners who testified before the grand jury about their findings. Creuzot's office said the coroners did not believe the officers acted recklessly and that they cannot, and will not, testify to the elements of the indictment beyond a reasonable doubt.
The DA's office had no additional comment on Tuesday, following the public release of the body camera video.
Dallas police said two of the officers on the scene the night of Timpa's death received written reprimands for discourtesy and unprofessionalism.
All of the officers are back to full duty as of April of 2019, according to the department.
