Family of man killed by Dallas police file civil rights lawsuit, claim he was no threat to officers
Family of man killed by Dallas police file civil rights lawsuit, claims he was no threat to officers
Family members of Kyle Dail, who was shot and killed by Dallas police, are suing the officers involved in the shooting, the department and the city claiming an "excessive and illegal use of force" and a violation of his civil rights.
DALLAS - Family members of a man shot and killed by Dallas police are suing the officers involved in the shooting, the department and the city claiming "excessive and illegal use of force" and a violation of his civil rights.
Kyle Dail was shot and killed by Dallas police on July 27, 2022, inside a convenience store near Interstate 635 and Jupiter Road.
While Dallas police could not comment on the lawsuit, DPD confirms the officer who fired his weapon is on restricted duty. The other two officers present are still on active duty.
Kyle Dail
Family members of a man shot and killed by Dallas police are suing the officers involved in the shooting, the department and the city claiming "excessive and illegal use of force" and a violation of his civil rights.
Kyle Dail was shot and killed by Dallas police on July 27, 2022, inside a convenience store near Interstate 635 and Jupiter Road.
"This Civil Rights lawsuit is an attempt made by Kyle’s family to find the justice that the City of Dallas and Dallas County have avoided aiding in retrieving, even though it is what the Dail family is owed," said civil rights attorney Justin A. Moore, who filed the lawsuit on behalf of Dail's family in a statement.
READ MORE: Video shows Dallas police shooting armed man inside convenience store
An undercover police officer claimed they spotted Dail taking part in a drug deal at the LBJ Food Mart.
Dial had a criminal history, including prior convictions for drugs, evading arrest and unlawful possession of a firearm.
"Officers witnessed a hand-to-hand drug transaction occurring. The suspects got into a vehicle. The driver, they couldn’t catch up to the driver. After a short pursuit, the officer lost them even with the assistance of Air One," said Police Chief Eddie Garcia in July.
DPD officers say they then saw Dail go back inside the business.
Surveillance footage from inside the store released by Dallas police shows officers Thomas Hoffman, Noah Hemm and Michael Piering grabbing Dail by the soft drink dispenser.
A gun can be seen in Dail's hand, which then flies across the store.
An officer can be heard saying "Gun!" on the surveillance and body camera footage.
Shortly after, Officer Hoffman fired his weapon, hitting Dail. He later died at the hospital.
Based on Moore’s interpretation of the body cam and surveillance video, the attorney claims the officers used excessive force and did not clearly identify themselves.
"And all the while he doesn’t know who it is, but he feels he’s in great danger," he said. "And he says, ‘I'm not posing a threat to anybody.’ And then you hear police say they're arresting him. And at that point, he disarms himself and become less of a threat then he already wasn’t."
The lawsuit claims the officers used excessive and illegal use of force and violated Dail's individual rights under the Fourteenth Amendment.
It also says Chief Garcia "failed to implement and enforce such policies, practices, and procedures for DPD that respected Dail's constitutional rights."
Moore claims DPD provided no evidence that Dail was involved in a drug deal or chase and states that all video evidence shows Dail was "not a threat" and was shot "in the back unnecessarily."
The lawsuit calls for a jury trial and for Dail's family to receive compensatory, special and punitive damages.
The mother of Dail's children was also at the news conference. She said their two kids, ages 7 and 10, have a lot of questions. She hopes a response to the lawsuit will provide them with some answers.
FOX 4 reached out to the Dallas Police Department for a response to the claims in the lawsuit.
A DPD spokesperson said that they do not comment on pending litigation and that the case has been sent to the District Attorney's Office. But they did say the investigation conducted by the department's Special Investigations Unit has been sent to the district attorney's office. They added that the internal affairs investigation has been suspended pending the outcome of a grand jury review.
The Dallas Police Association said in part, "Mr. Dail chose to physically resist and not comply with officers’ requests. Dail chose to reach into his clothing and escalate the situation by producing a loaded cocked revolver."