Tony Timpa's family considers pursuit of new trial after $1 million verdict in wrongful death case
DALLAS - Vicki Timpa's 32-year-old son Tony Timpa died in police custody after he called 911 for help in August 2016.
"In my son's desperate hour of need there were 5 police, 2 security and 2 paramedics who did not help my son even though he called for help," said Vicki.
Timpa was in a parking lot on Mockingbird Lane and told the call taker he was afraid he might harm himself or others.
He said he was unarmed, and off his prescription medicine for anxiety and schizophrenia.
According to the medical examiner, he had cocaine in his system and according to the police report he had been running into the street before officers arrived.
Nearby security guards had him in handcuffs on the ground when police arrived.
That's when body camera video shows Officer Dustin Dillard keeping Timpa's chest down with a knee on his back for about 14 minutes.
Timpa died with paramedics working on him.
Dillard and two other officers were indicted, but the charges were later dropped.
The jury in the civil case found all three officers violated Timpa's constitutional rights.
"There were a number of very puzzling components of the outcome. One was that qualified immunity was found for Dustin Dillard," said Vicki Timpa's attorney Geoff Henley.
Qualified immunity shielded Officer Dillard and another officer from personal liability in this case.
The jury only found one officer, Raymond Dominguez, liable for his role.
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Henley says a research group conducted an extensive survey about the amount of damages to request, which is why he asked the jury to award $300 million in the case.
"It is pretty astounding when you see such a wide variation in what would be an anticipated outcome," he said.
Instead, it was a $1 million verdict awarded to Timpa's 15-year-old son and nothing to Timpa's mother or estate.
Henley says the family will likely soon make a decision about pursuing a new trial for damages.
He says the case is about money for a good reason.
"When people say this shouldn't be about money, it is always about money," said Henley.
Vicki Timpa said that she is thankful for the award to Tony Timpa's son. Money he will be able to use for college.
"When he Googles his name he will see that, that his daddy's life mattered, one person got in trouble," she said.
A spokeswoman for the Dallas Police Department said it had no comment.
The medical examiner ruled Timpa's death was from sudden cardiac arrest resulting from the combination of cocaine and stress on his body from the restraint.