Lawyer calls for arrest of Dallas paramedic captured on video repeatedly kicking homeless man

A homeless person’s family and attorney on Wednesday repeatedly urged Dallas Police Chief Eddie García to arrest a videotaped paramedic who repeatedly kicked the man and urged him to get off the floor.

The family’s attorney, George Milner III, said the medic should be charged with assault which the attorney describes as bodily harm. Earlier this week, Dallas County District Attorney Creuzot dismissed an attack on charges brought against an officer against homeless man Kyle Vess after learning of his lifelong battle with a mental illness similar to schizophrenia. Creuzot said he believed Vess was experiencing a mental crisis when he met paramedic Brad Cox from Dallas.

Recently released video, originally captured by a nearby surveillance camera, shows Cox kicking Vess at least nine times while on the ground before the police arrived, and one more time in front of officers. Cox told police Vess started small grass fires while firefighters put out a larger one, an official’s body camera video shows.

Vess first spoke publicly about the August 2019 encounter on Wednesday, with his right arm trembling as he remembered what had happened.

“I am blessed to be alive,” said Vess. His mother, LaNae Vess, rubbed his back as he spoke. His lawyer, father, and sister were on his other side.

Creuzot said he has no intention of bringing charges against Cox as the statute of limitations has expired on any crime he may have prosecuted.

Kyle Vess’ mug shot taken on August 3, 2019 after Dallas paramedic Brad Cox repeatedly kicked him while he was on the ground(Dallas County)

Milner said Creuzot should consider charging Cox with a crime called injuring a disabled person. These charges have a statute of limitations of five years and would allow Cox to continue to anticipate the effects of the incident. Milner said Vess’ mental illness qualifies him as a disabled person under Texas law.

“I think the police chief is acting under the false impression that the prosecution is statute barred,” said Milner.

García said he and his top staff are looking into the case. He said they were too early in the review to predict whether they will arrest Cox.

“We understand that a lot of attention is being paid to this case, but we will stick to the facts of the case and not be influenced by outside pressure,” said García.

Kyle Vess (left), the homeless person who was kicked by Dallas paramedic Brad Cox in 2019, described the injuries to his face as his attorney George Milner III (center) and father Kevin Vess listened on Wednesday, October 27.  2021, in Dallas.  (Juan Figueroa / The Dallas Morning News)Kyle Vess (left), the homeless person who was kicked by Dallas paramedic Brad Cox in 2019, described the injuries to his face as his attorney George Milner III (center) and father Kevin Vess listened on Wednesday, October 27. 2021, in Dallas. (Juan Figueroa / The Dallas Morning News)(Juan Figueroa / employee photographer)A picture from a police camera shows firefighter Brad Cox of Dallas during an altercation with Kyle Robert Vess on August 2, 2019.

Dallas Fire-Rescue Chief Dominique Artis has declined to answer questions about Cox, the department’s protocols for handling pre-police scenes and paramedic violence training.

The von Vess family filed a lawsuit against Cox and the city in August. Fire department spokesman Jason Evans said the department would not comment while the lawsuit is pending.

Cox’s lawyers declined to comment. In their response to Vess’ lawsuit, they said Cox believed he was acting in self-defense because Vess was aggressive towards him.

Cox was put on paid administrative leave in September after The News asked questions and the Dallas Observer posted police body camera videos showing Cox Vess stepping in front of officers. Cox was still on paid vacation this week, Evans said.

Cox’s personnel file shows no evidence that the fire department investigated the incident. At the time, Cox was on parole for tampering with a fire department file. The terms of his probation required him to avoid “harmful or malicious behavior”.

The footage released by the Dallas Police Department shows Cox stomping out a small grass fire near Interstate 30 in West Dallas while Vess sits nearby. After that, at least 30 seconds of crucial footage is missing.

Vess said Wednesday that Cox walked up to him where he was sitting and wordlessly kicked him in the head.

An investigation by the Police Department’s Public Integrity Unit found that Vess was first charged with Cox. Cox said Vess punched him in the face and local officials wrote in their reports that Cox’s face was red.

After the missing footage, the video shows Vess throwing an object at Cox and measuring it. Vess said Wednesday he threw a small plastic pipe at Cox after the paramedic kicked him.

Brad Alan Cox has been with Dallas Fire-Rescue since 2002.Brad Alan Cox has been with Dallas Fire-Rescue since 2002.(Torralva, Krista)

At times the men disappear behind a fire truck. When they reappear, Vess is lying on the ground and Cox kicks him further, although a firefighter tries to intervene.

Milner argues that Cox’s actions were criminal after Vess was on the floor.

Vess said he suffered from a broken eye socket, broken teeth, a broken sinus cavity and partial paralysis on the right side of his face as a result of Cox’s repeated kicks.

Kent Schoonover, a seasoned Wisconsin police detective and internal affairs advisor, reviewed the case files at The News’ request and offered an expert opinion on Cox’s actions and the subsequent public integrity investigation. Cox should have been charged in 2019, he said.

“There is no way you can justify such measures,” said Schoonover. “Once Vess is down, anything beyond that is exaggerated and inexcusable.”

Dallas-Fire Rescue shouldn’t have allowed Cox to stay with the department after the incident, he said.

“There’s no reason the fire department wants Cox or someone like him in their department. It gives them a huge black eye, ”said Schoonover.

Cox’s personnel file shows that when he was hired in 2002, he was reprimanded three times for refusing to provide medical treatment to patients. He was suspended in two of these incidents.

An image from a video captured with a security camera at a nearby building received by the Dallas Police Department shows firefighter Brad Cox of Dallas during an altercation with Kyle Robert Vess on August 2, 2019.

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