Suspect in DPS trooper shooting was given deal in 2015 attack in Smith County

Published 8:34 pm Wednesday, November 29, 2017

Smith County Sheriff's Deputy Dean after a 2015 assault by Dabrett Black. Photo courtesy of Smith County Sheriff's Office

The suspect in the fatal shooting of a Texas state trooper during a traffic stop on Thanksgiving Day had previously beaten a deputy and tried to take his gun, but had the charges dismissed or reduced to a misdemeanor in a plea deal reached with the Smith County District Attorney’s Office last year.

Sheriff’s department camera footage from the 2015 Smith County incident shows Dabrett Black beating a Smith County sheriff’s deputy. The deputy, who no longer works at the department, suffered black eyes, a broken nose and lacerations above his eyes that required stitches to close. The footage also shows Black talking to the in-car camera saying to imagine if he had had a weapon and talking about his belief that law enforcement officers target minorities.



A plea agreement filed in March 2016 shows Smith County prosecutor Jacob Putman recommended a one-year jail sentence on a misdemeanor charge in lieu of the two felony charges of assault against a public servant and trying to take an officer’s weapon.

Putman, who announced in February he is running for the district attorney’s seat in 2018, said the charge was reduced at the victim’s request. The deputy asked that the charge be reudced rather than proceeding to trial, Putman said. 

Putman did not consult with District Attorney Matt Bingham or his top assistant when the recommendation for reduced charges was made, which Bingham said Wednesday is a policy in the DA’s office with few exceptions.

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“It’s a longstanding policy dating back to 1993,” Bingham said. “No felony is to be reduced or dismissed without the signature of the district attorney or the first assistant district attorney.”

He said he did not know about nor does he approve of the plea agreement. 

“Putman signed it and filed it… I do not know why he did what he did. He has not talked to me,” Bingham said. “I would expect the prosecutor to talk to me and tell me what he has done. No one said a word to me.”

Putman, however, said believed he had authority to make the plea agreement without Bingham’s signature.

“What I can say is I have authority to plead cases to a lesser included charge,” Putman said.

He said he and Bingham had not talked about the case or the plea agreement since news broke of the trooper’s shooting last week. 

Putman said part of the discussions surrounding the plea agreement included talks with Black’s lawyer and family that he seek in-patient treatment at the Veteran’s Administration for post-traumatic stress disorder.  

Putman said he was devastated when he learned of Trooper Damon Allen’s death after a traffic stop on Interstate 45 near Fairfield on Thanksgiving Day.

“We don’t have a crystal ball,” Putman said. “We try to make the best decision we can with the information we have.”

Putman said he got into prosecution and has stayed with it because he wants to support law enforcement. His campaign’s Facebook page indicates he has been  endorsed by both the East Texas Regional Fraternal Order of Police Lodge #51 and the Tyler Patrolman’s Association. 

A post from the page on Thanksgiving Day reads, “Keep our brave soldiers who are away from their family in your thoughts and prayers, and also the law enforcement personnel and others who are serving the public today.”

An arrest warrant in the Nov. 23 fatal shooting of Trooper Allen said he initiated the traffic stop and after getting Black’s driver’s license and information went back to his patrol unit. The filing said troopers believe Allen had gotten back in his car when police allege Black stepped out of his vehicle, took out a rifle and began shooting at the patrol car.

The affidavit said Allen died on scene from at least one gunshot wound and that his gun was holstered. It said he appeared to try to exit the vehicle and Black’s license was found under his body.

Black was being held by the Freestone County Sheriff’s Office in the nearby Limestone County jail on a charge of capital murder of a police officer. A judge has denied setting bond on that charge.

When the shooting occurred, Black was free on $15,500 bail in another Smith County incident where he was charged with assault on an officer and evading arrest after a police chase this summer ended with Black allegedly ramming a patrol car.

Probation officers had told staff to be careful of Black in internal emails after the 2015 attack, according to material obtained by WFAA in Dallas. In a July 2015 email, a probation officer told staff he believed Black was trying to provoke them into responding and encouraged them to be vigilant both inside and outside the office because he believed Black was the kind of guy who would ambush someone.

Veterans Affairs records obtained by the Tyler Morning Telegraph that were part of Black’s court files indicate Black was an Army veteran who served from 2004-2013 and had been deployed to Iraq three times. The records indicate he had a history of paranoid schizophrenia, post traumatic stress disorder, depressive disorder, alcohol abuse and insomnia.