By Aria Jones
A paramedic fired after police body-camera video captured him kicking and punching a homeless man could soon be back on the job at Dallas Fire-Rescue after a judge ruled in his favor during a civil service hearing at City Hall.
The judge ruled Brad Cox shouldn’t have been fired. Cox, a 19-year veteran of the department, was demoted and will not earn back pay, said Jarred Davis, the Dallas Civil Service Department director and board secretary. A fire department spokesman would not say Monday whether Cox had begun the training needed to return to duty.
Police initially said Kyle Vess set fires along the Interstate 30 frontage road in West Dallas on Aug. 2, 2019. But a fire official said at the hearing the fire was not arson but was a fire code violation.Cox said Vess started the fire with a cigarette. Cox told officers on the scene that Vess hit him as he stomped out one of the fires. Cox punched or kicked Vess numerous times. Cox said during the hearing that Vess charged at him,kept getting up off the ground and made repeated attacks.
Neither Cox nor Vess were convicted of a crime.
Cox, who has a history of disciplinary problems, testified last week at the hearing he believes his use of force was justified because he feared for his life and acted to keep others safe. He said news media reports misconstrued what happened. Cox told the judge during the hearing that he “could not and would not have done anything differently.”
“I don’t ever leave the house wanting to fight anybody ever,” Cox said at the hearing. “I was put in a situation that I had no choice.”
Vess said in a lawsuit against Cox that Cox kicked him in the face. Cox testified at the hearing that after authorities arrived, he kicked Vess under his arm. Surveillance footage before authorities arrived shows Cox kicking Vess. The physical interactions in the videos often take place at the bottom of the screen or in front of a fire truck, making it difficult to see where some of the kicks and punches hit Vess.
Vess’ criminal defense lawyer, George Milner III, said “that’s insane” when told Monday that Cox got his job back. “He should not have been reinstated, and there certainly seems to be a very different standard for reinstatement between the fire department and our police department.”
Cox was fired in 2021 after media outlets, including The Dallas Morning News, published video that shows him punch and kick Vess. Vess’ family has said he suffered from mental illness and traumatic brain injury before the day. Cox’s kicks and punches to Vess’ head aggravated the brain injury, fractured an eye socket, cracked teeth and fractured his sinus, and the right side of his face was partially paralyzed, his family said in a lawsuit filed against the city and Cox in 2021. That lawsuit is pending.
Dallas Fire-Rescue Chief Dominique Artis testified the incident was difficult to review. He said the confrontation started with Cox defending himself, but when police arrived, Cox should have moved away and let officers handle the situation.
”As a public servant, we have to be upfront and honest when we mess up,” Artis testified. “We own it and we move on. That’s one of the most important parts and the expectation of any public servant.”
Vess said in a lawsuit against Cox that Cox kicked him in the face. Cox testified at the hearing that after authorities arrived, he kicked Vess under his arm. Surveillance footage before authorities arrived shows Cox kicking Vess. The physical interactions in the videos often take place at the bottom of the screen or in front of a fire truck, making it difficult to see where some of the kicks and punches hit Vess.
Vess’ criminal defense lawyer, George Milner III, said “that’s insane” when told Monday that Cox got his job back. “He should not have been reinstated, and there certainly seems to be a very different standard for reinstatement between the fire department and our police department.”
Several first responder witnesses said at the hearing Cox was regarded as a “hero” or praised his actions. Cox arrived at a dangerous scene before law enforcement but lacked training in how to handle the situation, his attorney said.
Fire department officials said Cox shouldn’t have kicked Vess after police arrived. The chief said he fired Cox after reviewing the incident and his disciplinary record. An internal investigation found Cox broke two conduct rules that forbid actions that could “impair the public’s confidence or trust” and could adversely affect “morale or efficiency” or “lower or destroy public respect.”
On Thursday, administrative law judge James E. Urmin Sr. ruled Cox violated the policies. But he also said Cox acted reasonably and should not have been fired.
Cox told the judge news media “crucified me” in headlines and led people to “paint a narrative that is so far from the truth.” He said he has received death threats online against his wife and kids.
Assistant City Attorney Gregory Martin and Cox’s attorney, Robert Rogers, argued over whether Cox used unnecessary force. Martin argued the public had access to the video footage and was “furious.” He said city officials were concerned Cox’s reinstatement would condone bad behavior.
The city could appeal the reinstatement to state district court but Cox would still rejoin DFR during the process, according to the civil service office website. The city attorney’s office declined to comment on whether it plans to appeal.
Cox’s firing
Dallas Fire-Rescue Section Chief Cynthia Coronado, the primary investigator, said she looked at the case “almost microscopically,” considering the entire interaction. She said while she understood his explanation, he violated department policy engaging with Vess after police arrived.
“It was force, I say unnecessary, because that’s not his job,” Coronado said. Cox and Rogers told the judge police didn’t act with urgency and that Cox didn’t have training for “use-of-force” situations like police.
Jim McDade, head of the Dallas Fire Fighters Association, told The News after the hearing he believed Cox was “the only one to take control” and Vess actedaggressively.
Martin, the assistant city attorney, said that while Cox didn’t face criminal consequences, it doesn’t mean he should remain on the job.
Vess was arrested on suspicion of assaulting a public servant and hospitalized overnight before being jailed.
The Dallas County district attorney’s office dismissed the case against Vess in 2021. A Dallas County grand jury chose not to indict Cox last year on a felony charge of injury to a disabled person.
The News’ investigation found that Cox had a history of disciplinary problems. Cox was on probation for tampering with government documents when he kicked Vess. That case is related to his treatment of another homeless man who later died after Cox and another paramedic denied him medical care. Cox completed the probation in 2020. His probation required him to avoid “injurious or vicious behavior.”
This story, originally published in The Dallas Morning News, is reprinted as part of a collaborative partnership between The Dallas Morning News and Texas Metro News. The partnership seeks to boost coverage of Dallas’ communities of color, particularly in southern Dallas.
