North Texas officer fired after violating department's deadly force policy

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by REBECCA LOPEZ

WFAA

Posted on December 30, 2013 at 7:01 PM

DALLAS ––The Dallas senior corporal found to have violated the department’s deadly force policy when she shot an unarmed teen carjacking suspect earlier this month was fired on Monday. 

Chief David Brown fired Sr. Cpl. Amy Wilburn Monday afternoon. A grand jury will determine whether criminal charges will follow. The chief held a disciplinary hearing for Wilburn and five other officers Monday afternoon. Brown did not have to fire Wilburn. 

On Dec. 9, Wilburn was among the officers who followed a maroon sedan that was reported stolen into the St. Augustine Townhomes in southeast Dallas. The driver of the car fled, leaving the passenger, 17-year-old Kelvion Walker, inside. 

A witness reported seeing Walker with his hands up when Wilburn shot into the vehicle, striking the Spruce High School student in the abdomen. In past interviews, Walker said Wilburn apologized to him after shooting. He has maintained he was only in the car for two minutes and did not know it was stolen.

“I just had my hands up and I seen her look at me and I looked at her and she just fired,” Walker said earlier this month while recovering at Baylor Medical Center. “I was just shocked and I said, ‘Why did you shoot me?’ She just said, ‘I am sorry, I am sorry. I didn’t try to.’” 

The alleged driver, Reginald Robertson, 19, was arrested on Dec. 16 and is being held at the Lew Sterrett Justice Center. 

The Dallas Police Department initially said Wilburn shot Walker as he was attempting to exit the vehicle. A weapon was not found inside the car.

Walker has sued Wilburn for using excessive force and because officers failed to “immediately call for an ambulance,” which violates the teen’s constitutional right to medical care while in police custody. 

Also fired: 

Senior Cpl. Frank Della, 43, who was arrested in September for public intoxication and criminal mischief. According to police, Della picked up a traffic barricade outside the Gexa Energy Pavilion on Sept. 7 and tossed it at a car, causing $250 in damage. The department says he also attempted to fight the male owner and had to be physically restrained by Gexa security. Della worked for the department since August 1994. 

911 call taker Moises Limon, who was arrested on May 13 for driving under the influence and failing to report the arrest to his supervisor. He worked for DPD since July 2007. 

Senior Cpl. William Wesley, who was fired for his involvement in a domestic disturbance that officers were called to. According to police, he hit his girlfriend with his hands in Grand Prairie. He was charged with family violence assault, a Class A misdemeanor.

Sgt. Rafael Rodriguez, who was also fired for being involved in a domestic disturbance that required police response. Rodriguez got into a fight with his estranged wife that escalated to the point where he retrieved a handgun from his car. He then "displayed the weapon in a threatening manner" and threatened his wife with it. Grapevine police arrested him on a charge of deadly conduct. 

Demoted:  

Senior Cpl. James Reynolds, who did not help a fellow officer who asked for help dealing with a combative prisoner. Reynolds did not respond to a call for help three-tenths of a mile away. The 17-year veteran was demoted to the rank of police officer. 

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