Man shot while towing vehicle reported stolen in Garland disappointed shooter only got probation
GARLAND, Texas - A wrecker driver who was shot while legally towing a truck at the request of police is upset with the mild sentence the shooter received.
FOX 4 first talked with the victim two years ago after he was shot while towing a truck that was reported stolen out of Dallas and found by Garland police.
But the Dallas County DA's Office gave the shooter a plea deal, and the sentence includes no jail or prison time.
This was a routine call for the tow truck driver, but it turned into him being chased and shot. Now, he believes the shooter was given a light sentence.
"That’s something I’m going to have to live with the rest of my life," Donald Patrick said. "The entry wound right here and then here’s the exit wound."
Patrick was shot in the leg in 2021 while towing a stolen vehicle from outside a home for the Garland Police Department.
The man who shot Patrick, Carl Lee Robinson, was given a plea deal by the Dallas County District Attorney’s Office on August 22. He’ll serve five years of probation.
Patrick believes the sentence is just a slap on the wrist.
"I kept hearing, something about probation, probation, probation, in the phone conversations and like, what’s going on?" he recalled. "Where I think the ball was dropped was once it gets to the court system."
According to an arrest affidavit, Garland police located a stolen truck outside Robinson’s home off Freeport Drive.
Police called for a tow truck.
Patrick met the officer and towed the vehicle away.
The officer left in an opposite direction.
Then, Patrick realized a white SUV was following him.
"All of a sudden, I had the white SUV come up beside me and start firing into the truck," Patrick said.
Photo evidence revealed multiple bullet holes.
"I was shot in the leg, right leg," he recalled.
According to the affidavit, Robinson told police the vehicle was his and he thought it was being stolen.
It’s unclear how Robinson got the truck or if he knew it was confirmed by police to be stolen.
"Call 911. Get them involved. If you’re following the truck, give the license tag of the truck," said criminal defense attorney and former prosecutor Russell Wilson, who is not connected to this case. "As opposed to using the deadly force."
Wilson said since Robinson has not shown a "pattern" of this type of behavior, it likely made it easier for prosecutors to offer a probation plea deal.
"And so if he doesn’t violate the law for the next five years, then he doesn’t face any jail time," Wilson said.
Robinson does have a criminal history.
He’s served probation in Dallas County for assault family violence, indecent exposure, and prostitution — all misdemeanors.
"So I think that they would’ve played some role in the case, but maybe not a major role," Wilson said.
"I don’t think it should’ve happened that way, with the probation," Patrick said.
Patrick was shot while simply doing his job.
"You don’t know what you’re going to do until you get in that situation," Patrick said. "Don’t let your guard down."
The father of six kids said he’ll never be the same.
"My head is always on a swivel," he said.
Patrick believes the probation sentence sets a dangerous precedent.
"Now they know what they can do and get away with," he added.
FOX 4 reached out to the Dallas County District Attorney’s Office last week. A spokesperson confirmed the five-year deferred adjudication sentence but did not respond to a request for an interview or statement from the district attorney.
Robinson’s attorney, James R. Aulbaugh III, said in a statement, "We are satisfied with the just result of probation for Mr. Robinson. As it was in this case, justice is best served by the careful review of the law and available evidence. In this case, probation was the right result."