Ex-cop pleads guilty to 2020 protest assault years after Dallas PD found it wasn’t a crime (2024)

A crowd outside City Hall swelled to several hundred peaceful protesters on May 30, 2020, the second straight day of demonstrations in downtown Dallas decrying police brutality after the murder of George Floyd by a Minneapolis police officer.

An armored vehicle rolled in, and SWAT officers in riot gear unleashed tear gas. The crowd dispersed and headed toward Canton and South Akard streets. Zachary Montez Harvey of Fort Worth huddled with a group on a street corner opposite police. Officer Broderick Valentine, a member of the SWAT team, stood on a grassy median.

Harvey’s cousin, a Black man, yelled toward police.

Valentine, a 6-foot Black veteran police officer, said Harvey’s cousin “continued taunting” police as “rioters began to form around him,” according to an internal police statement. He walked toward the man and raised the tip of his 40mm less-lethal launcher.

Bang.

The foam baton round — an inch-thick, puck-like projectile that can reach about 220 mph — narrowly missed the man. Instead, it struck Harvey and knocked him off his feet. A woman shrieked, and a man mumbled, “Oh s---.” People ran.

“Leave, or you will get arrested,” an officer commanded.

“What was that for?” someone yelled.

Harvey curled up on the hot pavement rocking in a fetal position, wincing and clutching his groin until a group helped him off the ground. The foam round fell from his shirt as he limped away, video footage showed.

“I was peacefully protesting, I wasn’t assaulting an officer,” Harvey told The Dallas Morning News in a recent phone interview. “I was on public property, I wasn’t doing anything impeding, and no one ordered me to get away.

“I was within my rights and for the officer to do that made me think that they would do more things that were corrupt.”

Despite increased scrutiny and calls for transparency of police brutality allegations from the 2020 protests, Valentine’s force against Harvey was never made public.

Valentine, 55, was investigated by Dallas police, issued a written reprimand and retired months later in good standing. The case against Valentine was not referred to the internal unit that reviews possible crimes by city employees.

Three years later, Valentine was indicted for deadly conduct. There was no news conference, no press release, announcing the indictment — in stark contrast to the cases of three other North Texas officers widely regarded as the only ones facing charges for their actions during the demonstrations.

To activists and civil rights attorneys, the handling of Valentine’s case punctuates concerns about whether the Dallas Police Department consistently holds its officers accountable and the sincerity of officials’ commitment to transparency.

Valentine pleaded guilty earlier this year to a misdemeanor assault charge and was sentenced to deferred adjudication probation, according to court records. He will not have a conviction if he successfully completes probation.

“The slap-on-the-wrist punishment fits with everything I’ve ever seen … unaccountable use of excessive force — in general — a lack of accountability,” said John Fullinwider, a longtime Dallas activist and co-founder of Mothers Against Police Brutality.

He added: “This is an example of a single officer’s repression not only unlawfully injuring a person participating in a protest, but also effectively ending his first amendment right to protest at all.”

A spokesperson for the Dallas County district attorney’s office provided basic information about the disposition of Valentine’s criminal case, but repeatedly declined to answer detailed questions because Valentine is still on probation. District Attorney John Creuzot declined to talk about the case.

A Dallas police spokesperson said the incident was not referred to the department’s public integrity unit because Harvey didn’t file a complaint. The entire interaction — less than a minute — was captured on multiple officers’ body-worn cameras and broadcast by WFAA-TV (Channel 8), according to DPD’s internal affairs division investigative report.

When reached by phone in June, Valentine was open to answering questions via email. He said there “was no protester wounded,” that Harvey didn’t seek medical attention, and he “got up and walked off” after the shooting.

After The News emailed a list of questions to him and his attorney, Valentine wrote back that he wouldn’t be able to provide details until he finished his probation.

“There is a lot I want to say but can’t,” Valentine said.

Harvey suffered skin irritation for days afterward from tear gas, but was not severely injured.

He feels vindicated by Valentine’s prosecution but grapples with whether it led to any reform. May 30, 2020, he said, marked his first — and last — time participating in protests.

“I just always keep my distance from officers,” Harvey said. “You never know when it’s going to be another one of those incidents.”

***

The video snippet of Harvey being struck was posted on social media. Bruce Faulkner reported it via email to Dallas police on June 1, 2020, after the department asked for tips from the public. In the email, Faulkner said the shot didn’t appear “provoked in any way.”

In a recent phone interview with The News, Faulkner said a close friend was bloodied by San Antonio police who mistook him for a suspect they were pursuing. That left Faulkner sensitive to acts of police brutality and ultimately led him to report the video that appeared on his feed.

“If somebody’s intimidating you to not express your First Amendment rights, then that’s an issue, it doesn’t matter whether it’s the police, the military, whatever,” Faulkner, who works in tech, said. “You shouldn’t ever be scared to express your opinion.”

In late August 2020, an internal affairs sergeant followed up with Faulkner about his complaint, according to email records.

Other officers who were at the scene were interviewed, and Valentine gave a statement to internal investigators. According to their report, Valentine said he was never formally trained on how to use a “less lethal launcher in a riot situation.” He believed force against the agitated protester was justified, may have prevented “further escalation,” and he also thought SWAT officers had approval to use such force.

According to Valentine’s Texas Commission on Law Enforcement personnel file — the state entity that certifies police officers — he completed an eight-hour “Less Lethal Impact Weapons” training in August 2020.

Lt. Mark Vernon, who was overseeing SWAT, said protesters were “engaged in riotous behavior” and patrol was outnumbered. The News reported City Hall was vandalized and protesters toppled trash bins, blocked roadways and pelted police squad cars with water bottles.

Vernon authorized officers to use their less-lethal equipment to disperse and arrest noncompliant protesters, he told internal investigators. He said some tactics are not explicitly authorized in department policy, but “may be directed or employed based on the dynamics of a situation to bring about a safer resolution.”

After reviewing the video of Harvey being struck, Vernon “could not determine if the force was in keeping with his commands or Departmental policy,” according to the report.

Robert Rogers, Valentine’s attorney, told The News less-lethal launchers were “the only way” officers could protect people and avoid property damage. Several businesses downtown were vandalized during the demonstrations.

Twenty-four people were charged with misdemeanor riot participation during the May 30, 2020, weekend, The News reported at the time. An additional 43 were arrested for obstructing a highway or walking in a roadway. Police arrested more than 100 people for violating a curfew the city had imposed for downtown. Dallas police dropped most cases after an investigation by The News examined police tactics and the jailing of three women on such charges.

The DA’s office has said it accepted 20 cases against protesters for alleged misdemeanor and felony crimes. Prosecutors rejected 86 cases.

The internal investigation found the protester whom Valentine targeted, Harvey’s cousin, derided officers but made no threats or aggressive gestures. The investigation also concluded officers never gave commands or warnings to the crowd before Valentine fired and that he violated the department’s policy on when to use what type of force.

Six months after the protests, in December 2020, Valentine was issued a written reprimand, according to police records. He acknowledged and signed the disciplinary letter on Jan. 12, 2021.

Two of Valentine’s supervisors suggested he receive a “supervisor’s report,” a step below a written reprimand and not “formal discipline” in the department’s continuum of punishment. Sgt. Willie Ford in the Tactical Support Division called Valentine an “outstanding officer,” adding, “I am proud to be his supervisor.” Vernon said he is a “mature proficient SWAT Officer who could be relied upon to conduct himself in an appropriate manner in very stressful situations.”

Both commended Valentine for a 20-year career without any “sustained complaints” or history of disciplinary action. According to his investigative file, accusations of inappropriate or unnecessary use of force were lodged against Valentine in 2002, 2004 and 2005. Those allegations were ruled “inconclusive.”

On June 1, 2021, Valentine retired from DPD in good standing, his personnel file shows. Rogers said Valentine’s retirement was not related to the use-of-force case. He was 51 at the time.

Years later — he can’t recall the date — Harvey awoke to two investigators at his door. They questioned him and recorded his statement about what happened outside City Hall that May evening. Harvey learned prosecutors would be taking the case to a Dallas County grand jury, whose deliberations are secret by law.

***

The Dallas Police Department’s public integrity unit investigates city employees for potential criminal misconduct. In other use-of-force cases from the protests, the unit opened a probe into the accused officers and referred the case files to the district attorney’s office, according to internal records obtained by The News.

The department’s records unit said no public integrity unit documents exist from 2019 onward connected to Valentine. He was only investigated by the department’s internal affairs unit, which handles administrative reviews, records show.

It’s not clear why prosecutors pursued a criminal charge against Valentine after police decided not to investigate his use of force as a crime. The Dallas County district attorney’s office declined to answer detailed questions from The News.

Rogers, Valentine’s attorney, said the Dallas Police Department “didn’t believe [Valentine] committed a criminal offense.”

Fullinwider, the activist, said the disconnect between police and the justice system’s evaluation of whether Valentine’s action amounted to a crime shows “the internal affairs department of Dallas is very ineffective at accountability.”

Internal affairs reviews accusations and can refer them to the public integrity unit if it suspects criminal wrongdoing or conduct that “could be considered abuse of office or authority,” according to the department’s policies.

Former Dallas police deputy chief and Dallas ISD police chief Craig Miller told The News internal affairs was likely told to inform the public integrity unit only if they found a criminal violation. Miller is not associated with the case.

Dallas police spokesperson Kristin Lowman referred questions about the criminal investigation to the district attorney’s office. She did not answer questions about why the department did not publicly disclose the internal investigation into Valentine.

Lowman said internal affairs did not refer the case to the public integrity unit because “they did not have a crime victim who filed a complaint.” Instead, Faulkner, a “third-party,” reported the video to DPD. Harvey told The News he never complained to police, fearing retaliation and harassment.

Jesuorobo Enobakhare Jr., who previously served as chairman of Dallas’ Community Police Oversight Board, said police “respond to third-party calls all the time.” Enobakhare reviewed dozens of civilian complaints against police while chairing the board from late 2019 to 2023.

He pointed to the killing of Atatiana Jefferson, who was fatally shot by Fort Worth officer Aaron Dean in 2019. A concerned neighbor called 911 because the home’s doors were open and the lights were on inside. Dean shot Jefferson through her bedroom window from the backyard. He was found guilty of manslaughter in 2022 and sentenced to nearly 12 years in prison.

“Atatiana Jefferson lost her life over a third-party call to the police,” Enobakhare said. “But a third-party complaint cannot be investigated? That needs to change. We shouldn’t be letting excuses prevent us from doing the right thing in investigating a potential crime that could’ve taken place.”

The administrative investigation into Valentine was conducted when former Chief U. Reneé Hall led the department. Avery Moore, an assistant chief during her administration who is now the police chief in Tacoma, Wash., signed off on Valentine’s discipline, the records show.

Moore did not respond to multiple requests for comment over email and by phone. Other high-ranking commanders still with the department also signed off on the discipline, including Executive Assistant Chief Michael Igo and Assistant Chief Reuben Ramirez. The News reached out to Igo and Ramirez via text message and both referred inquiries to a police spokesperson.

Current police Chief Eddie García, who came to Dallas in February 2021 and is the only police commander usually authorized to speak to reporters without approval, said he can’t speak to incidents that happened before his tenure. He said “the accountability and discipline imposed since 2021 speaks volumes about how this department holds itself accountable,” noting he has fired at least 37 officers and suspended 34 others.

Fullinwider applauded García for disciplinary actions against officers but called the department’s holistic approach to transparency “hollow.” He said the reforms promised after Floyd’s murder by police departments nationwide were “superficial.”

“Police chiefs do come and go,” Fullinwider said, “the culture and history of the department remains.”

***

In May 2022, three officers were indicted on felony charges for injuring protesters. One person was hit with less-lethal ammunition in the arm, groin and thigh, two were struck in the face — smashing a cheekbone and causing one man to lose his eye — another person was shot in the groin and a different man in the posterior. The criminal allegations against the officers angered police officials and their attorneys. (Their criminal cases are headed for trial later this year, according to court records.)

Dallas police Sr. Cpl. Ryan Mabry was charged with eight felonies — six counts of aggravated assault by a public servant and two counts of deadly conduct — and three misdemeanor counts of official oppression.

Dallas police Sr. Cpl. Melvin Williams was charged with six felonies — four counts of aggravated assault by a public servant and two counts of deadly conduct — and three misdemeanor counts of official oppression.

Garland police Officer Joe Privitt was charged with one felony count of aggravated assault by a public servant.

Only one of those officers has been fired. A year after the protests, Williams was captured on video punching a man during a brawl in Deep Ellum, leading to an additional official oppression charge and another internal use-of-force investigation that spurred his termination.

Until now, they were regarded as the only officers known to have faced criminal charges from the Dallas protests.

The grand jury handed up an indictment for deadly conduct against Valentine in May 2023, court records show. The indictment says Valentine “knowingly [discharged] a firearm, a deadly weapon, at and in the direction of” Harvey.

It’s unknown why it took years to reach the grand jury.

Valentine was indicted two weeks before the three-year statute of limitations expired. Deadly conduct is a third-degree felony and carries a punishment between two and 10 years in prison and a fine up to $10,000.

The felony case progressed for nearly eight months, according to court records. Rogers, Valentine’s attorney, said the filings were public records and refuted assertions it was kept under wraps. He called the proceedings “selective prosecution.”

“Valentine did not get special treatment,” he said. “He got the opposite.”

In early January, Valentine struck a plea deal with prosecutors. He pleaded guilty to a lesser offense — a Class A misdemeanor charge of assault causing bodily injury — and was sentenced to 12 months deferred adjudication probation. Valentine waived the statute of limitations for the misdemeanor charge, which had lapsed, in the plea deal.

Valentine could have faced up to one year in jail and a $4,000 fine.

As part of the plea deal, Valentine was required to give up his licenses with the Texas Commission on Law Enforcement, court records show.

When told of the outcome of the case and asked whether it was just, Faulkner, who reported Valentine to DPD, said he believes if the shooter hadn’t been a police officer, he would have been sentenced to jail time.

Harvey said in a recent phone interview there were seemingly “no consequences” for Valentine: “You retire before you need to, and then … you leave town, you get out of Dodge.”

***

David Henderson, a civil rights attorney not associated with Harvey but who represents others injured in the 2020 protests, said there’s “virtually no accountability” in police misconduct cases. He said a civilian who intentionally shot and wounded someone would have faced an aggravated assault with a deadly weapon charge, a second-degree felony that carries a punishment range of between two and 20 years in prison.

“From the outset, you see the officers receiving a different brand of justice than what civilians are, which is a fundamental problem,” he said. “They should be subject to the same criminal justice that the rest of the public is.”

Henderson represents Jantzen Verastique, who was shot in the chest with pepper balls on May 30, 2020. Dallas police Sgt. Roger Rudloff fired three rounds into her breast from a few feet away, according to an investigation by The News. He was cleared of wrongdoing by the department and then by a grand jury. He retired in February 2023.

The throughline in the Rudloff and Valentine investigations is officers “always get the bare minimum treatment” for criminal charges under the law, according to Henderson.

Mike Snipes, a retired prosecutor and senior visiting judge with more than 30 years of experience in the courtroom, doesn’t believe Valentine received favorable treatment from the DA’s office.

The Dallas County DA’s office has pursued serious charges against police officers in the past for killings: ex-Dallas police officer Amber Guyger is serving a 10-year sentence for the 2018 murder of Botham Jean inside his apartment. Roy Oliver, a former Balch Springs officer, was sentenced to 15 years in prison for the 2017 murder of 15-year-old Jordan Edwards. Former Farmers Branch officer Ken Johnson was given a 10-year sentence for the off-duty shooting of 16-year-old Jose Cruz. Farmers Branch officer Michael Dunn was charged with murder in connection with the fatal shooting of Juan “Johnny” Moreno Jr. but found not guilty in a trial before a judge.

Guyger, Oliver and Johnson were indicted under Faith Johnson, Creuzot’s predecessor and a Gov. Greg Abbott-appointee Republican.

“In my experience, law enforcement agencies here in Dallas County do not get more preferential treatment than ordinary regular citizens,” said Snipes, who was the lead prosecutor in Oliver’s criminal trial and presided over Dunn’s bench trial.

The DA’s office likely reviewed witness statements, body-camera footage and weighed the strength of the evidence before extending a plea bargain to Valentine, Snipes posited: “You can’t make a general rule for how things are going to be applied. ... Every case is different. You have to use your judgment as to what you think is a provable offense in the case.”

***

Henderson said harm caused by police goes beyond physical injuries: People may be afraid of police interactions and could be traumatized by being assaulted and unable to defend themselves.

He said officers’ show of force appears to be intended to scare “everyday people from going back out and protesting again.”

The Dallas County justice system should support people exercising their freedom of speech and protest, he said. The lack of publicity around Valentine’s case, he said, conveys the opposite.

“The system has done an effective job at maintaining the status quo,” Henderson said.

Enobakhare, the former oversight chair, said police erred during a pivotal, nationwide reckoning:

“This was a moment that the Dallas Police Department missed,” he said. “This was a moment of transparency, of being open to the community about a situation that was caught on camera, but because of the fact that the victim didn’t come forward, as far as they’re concerned, no crime happened.

“That’s glaring.”

Editor’s note: The reporters reconstructed the scenes from the May 30, 2020, protest based on media reports, video footage, officer testimony from Dallas police’s internal investigation and an interview with Zachary Montez Harvey.