Sheriff provides update after deputy fatally shot domestic violence suspect

Published 10:56 am Monday, January 30, 2023

More details have been released about the scene where a man was shot and killed by two Smith County deputies this weekend.

Brandon Duvall, 32, of Mineola, died after he was shot by deputies who were responding to a domestic violence call, Smith County Sheriff Larry Smith said during a press conference Monday morning.

Deputies were originally called out to the scene on County Road 459 in northwestern Smith County after 7 p.m. Saturday night. Duvall’s girlfriend called the general Smith County dispatch number at 7:05 p.m. and said she had been assaulted.

Deputies arrived about 25 minutes later to find Duvall had already got in his vehicle and left the home. He was speeding and lost control of the vehicle at the end of his long driveway which intersects with the county road. He hit a power pole, causing power outages to nearby homes, then ran away on foot, Smith said.

Smith said deputies stayed in the area looking for Duvall, including by drone, but he wasn’t found. In the meantime, deputies made arrangements at a hotel room for Duvall’s girlfriend to have a safe place to stay for the night at no cost to her. Smith said she originally agreed to stay, but later “refused to leave.”

Smith said it was determined Duvall had returned home.

Smith County dispatchers received a 911 call from Duvall’s mother at 9:22 p.m. She said although she wasn’t home, her husband, who is also Duvall’s father, had called her and she could hear Duvall “beating his girlfriend as she was screaming” and that he was also threatening his father.

About 12 minutes after that call at 9:34 p.m., deputies arrived at the home for a second time.

Smith said two deputies walked into the home and were immediately faced with a threat. Deputies fired shots within one minute of entering the home, Smith said.

“As you enter the home, you go into the living room and immediately to the right is a bedroom, which is where Duvall was,” Smith said. “There was a rifle with a scope leaning against the bed next to Duvall and he was standing there with a pistol in his hand. As he pointed the pistol in the direction of the deputies, both deputies fired at Duvall, striking him several times.”

Smith said Duvall fell to the floor and CPR was then administered. An ambulance was called and emergency personnel determined at 9:55 p.m. that Duvall was dead.

Smith said Duvall’s 6-year-old child was in the home during the shooting, but he said the child was not in the room with Duvall. The child is under the care of her grandparents, who are Duvall’s parents.

Smith said there are “multiple victims” in a situation like this.

“Our heart goes out to” the child, Duvall’s parents, the girlfriend, and the deputies who were involved in an unfortunate situation, Smith said.

Smith said when deputies responded to the home the first time, the girlfriend had a small scrape but during the second call, “she had been obviously beaten in the face and head.” She was taken to the hospital by ambulance, treated, and released later that night, Smith said.

Smith said Duvall had one prior arrest in Smith County but it was not for a violent charge. Additionally, he said deputies have responded to that home before for a few calls but nothing ending in an arrest and Duvall was not known by the Smith County Sheriff’s Office as a habitual offender.

As is standard protocol for officer-involved shootings by Smith County Sheriff’s Office personnel, the Texas Rangers were contacted to conduct an independent investigation of the incident, according to Smith.

Smith said Smith County Justice of the Peace Pct. 5 Jon Johnson held an inquest and ordered the body of Duvall be taken to forensic pathology for an autopsy.

Duvall was shot multiple times in the torso area, Smith said. He said it is common for law enforcement to fire multiple shots when faced with a threatening situation.

“If you’re gonna get to the point where you have to use your firearm in defense of yourself or someone else, we teach in training that hardly ever will there be one shot,” Smith said. “You’re not shooting to kill, not shooting to do anything but stop the threat. It’s not like you see on TV when you shoot somebody and they fall down and die. … Their job is to protect themselves and any third parties and stop the threat and that’s what we did.”

Smith said he is proud of the dispatchers, emergency personnel, and deputies for their working in handling the unfortunate situation.

Both deputies have been placed on administrative leave, as is also sheriff’s office protocol, until it is determined they are ready to return to duty. Smith said both deputies are doing “as well as can be expected.” He said deputies typically are OK mentally immediately following things like this, but later have time to absorb the reality of what has happened and it can be difficult to handle and process.

“… Nobody wants to be in the situation to take somebody’s life, and nobody knows how they’re going to react,” Smith said. “Both of them performed as I would’ve expected for them to, and I’m very proud. That’s why we train. You train like you’re going to work, and if you don’t, it very well could’ve been one of our deputies who got shot.”