After Police Review, No Charges Filed Against Former Dallas Paramedic Who Kicked Mentally Ill Man

The Dallas Police Department has concluded its review of a public integrity investigation that cleared a former Dallas Fire-Rescue paramedic of any wrongdoing during an incident in which kicked a mentally ill man in 2019.

The man’s family hoped the review would garner a new result. But DPD told the Observer that no charges would be filed against the former paramedic, a trained mixed-martial artist named Brad Cox.

The man on the receiving end of the paramedic’s blows was Kyle Vess, who suffers from a mental illness similar to schizophrenia.

One day in August 2019, DFR was responding to calls about grass fires along a service road in West Dallas. When they got there, Vess was lying near a patch of grass that was apparently burned.

This was captured by a surveillance camera in the area. Cox approached and began stomping out the grass. Later in the video, Vess can be seen standing up, taking a swing at Cox and throwing a piece of PVC pipe at the paramedic. Vess then falls to the ground, and Cox kicks him repeatedly.

When police arrived on the scene, Vess was lying on the road with Cox standing over him. He stayed close to Vess as the cops prepared to take him in for assaulting a public servant. Cox appears to tell Vess repeatedly, “Get up again.”

Vess starts to sit up and look toward Cox. That’s when Cox kicks Vess again, this time in the face. Vess stands up to confront Cox ,who then throws a series of punches. Some appear to land. A DPD officer used a stun gun on Vess and then the cops handcuffed him. Vess struggled as police and paramedics handled him and took him to Parkland Hospital.

Dallas Police detective Lee Allen conducted the initial public integrity investigation into Cox and cleared him, ultimately because of the footage that showed Vess' attack. Allen also said Vess could’ve had a weapon. He didn’t.

"I've got to look at the totality of events," Allen told the Observer in October. "Regardless of Kyle’s state of mind, he chased an individual into the street. It doesn’t matter if Cox is a public servant, a priest, school teacher, doctor or lawyer. It doesn’t matter."

He said Cox could have been worried that Vess had a weapon, which would supposedly justify the level of force the paramedic used.

“Even when you go back to the body worn camera when he was kicked, Kyle has not been searched," Allen said. "If Kyle reaches into that waistband, jacket or whatever, or boot, and grabs a weapon, now he becomes a bigger problem … I’m looking at that as, ‘He has got to dominate that situation fast before it turns ugly because … those firemen are not stepping in to help.”

In a civil suit against the city, DFR and Cox, Vess’ family said the incident exacerbated Vess' mental illness and left him with fractures in his face.

Sean J. McCaffity, Vess’ attorney in the civil case, said he wasn’t sure how to feel about DPD’s review. He’s glad they did it, but McCaffity wants to see how thorough it was.

Last week, a judge dismissed their claims against the city. McCaffity argued that the city was partly responsible for Vess’ injuries because it didn’t provide DFR with de-escalation and use-of-force training despite knowing firefighters and paramedics are often in situations with individuals that may become physical.

He also argued that the city was responsible because Cox should have been fired for previous misconduct. Holding the city liable for this incident was always going to an uphill battle, McCaffity said. They’ve been given 28 days to replead their claims against the city.

“This was always a tough issue,” McCaffity said. “We will replead because I believe the city is absolutely responsible for Cox being on the street and endangering the public.”