Kyle Dail

SUBJECT HAD A GUN – HE WAS NOT UNARMED

Date: 7/28/2022          Location: Dallas, TX              FACTORS (1,2,3,8,14,21)    

Name: Kyle Dail                                                          NOT INCLUDED IN STATISTICS    

Criminal History/Involved: Yes, Dail was a convicted felon who had “multiple evading arrest charges and unlawful possession of a firearm” in his criminal history. / Yes, Dail was observed making a drug deal, fled from police, illegally possessed a loaded firearm, and resisted arrest.        

Mental Illness: None stated.

Substance Abuse History/Involved: None stated. / Unknown, but Dail was dealing drugs.

Race/Sex/Age: Black/Male/30

Officer(s) involved: Dallas Police Officers Thomas Hoffman, Noah Hemm, and Michael Piering

What prompted the initial contact with police? At around 10:20 p.m. on July 27, 2022 while investigating complaints of drug activity at a gas station parking lot, an undercover officer observed Kyle Dail make “multiple hand-to-hand drug sales.” Shortly after the sales, Dail got into his vehicle and drove away, at which point officers followed him and tried to pull him over.

Actions taken by subject towards police: Dail refused to pull over and took the officers on a pursuit, eventually losing them even though a police helicopter joined in the chase. An hour later around 11:30 p.m. that night, Dail returned to the same gas station.

Reactions by the police: After observing Dail’s unoccupied vehicle in the gas station parking lot, Officers Hoffman, Hemm, and Piering entered the store and observed Dail standing inside with his back to them. The officers grabbed Dail from behind and attempted to place him into custody, but Dail resisted, pulled a gun from his front pocket, and put it up near Officer Hoffman’s face. Officer Hoffman reportedly drew his weapon and fatally shot Dail as he and another officer pulled Dail down to the ground.

Outcome of investigation into the fatal police incident: The Dallas County District Attorney’s Office and the Dallas Police Department’s Special Investigative Unit are investigating.

What could the subject have done that day to still be alive today? Dail could still be alive today if he: was not dealing drugs; complied with the police and pulled over; complied with the police and did not resist arrest; did not illegally possess a handgun; did not access and threaten the officers with that handgun.

Justified Use of Deadly Force? Video from the store’s surveillance and officer’s body cameras show that Dail had thrown the gun after having it near the officer’s face. It is unclear if Officer Hoffman was aware Dail threw the weapon or if it was an accidental discharge while falling to the ground. Therefore, while deadly force was justified given the immediate threat an armed, resisting drug dealer poses, until hearing the officer’s testimony and viewing the video it is UNDETERMINED.