BRYAN, Texas —
Thursday, March 10, 2022
2 p.m. Update: Victim impact statements are underway at this time.
1:12 p.m. Update: Dabrett Black has been found guilty of Capital Murder. More to follow.
11:30 a.m. Update: The defense and the prosecution have both given their closing statements and the case has been given to the jury to begin deliberations.
Wednesday, March 9, 2022
5 p.m. Update: Court will resume at 9 a.m. Thursday.
4:30 p.m. Update: Corporal Lynn Hubert with Texas DPS out of Anderson County testified on a video back in September of 2016. Black was engaged in a police chase and he was later arrested by force, according to Hubert.
Black also was engaged in a police chase with officers back in July of 2017. Kevin Londoff, who is with the Smith County Sheriff's Office said Black drove at speeds over 100 mph down a county road and crashed into Deputy James Bishop's vehicle.
Bishop also took the stand and testified due to the crash, he had to leave the career of law enforcement because of injuries he suffered in the crash.
2:30 p.m. Update: Robert Ryan, who is with the Oklahoma indigent defense system testified Black sent his sister correspondence about the gun he bought, which was later used in the fatal shooting during the traffic stop.
11:30 a.m. Update: Dr. John Matthew Fabian testified for two hours on the stand. He performed neurological testing on Dabrett Black in 2018. The defense rested its case.
Prosecutors have begun calling rebuttal witnesses for crimes Black was accused of prior to the shooting of DPS Trooper Damon Allen.
Tuesday, March 8, 2022
5:00 p.m. Update: Black detailed his time in the military and his struggles after each deployment. He was stationed primarily in Iraq and he talked about experiencing several IED bombings and the trauma he experienced after.
He said he often argued with other service members and had to go to anger management during his time back in the states. He also expressed love and affection for his previous wife and his children.
When the prosecution asked Black if he intentionally or knowingly shot Trooper Damon Allen, Allen replied "Yes."
2:15 p.m. Update: Dabrett Black takes the stand in his own defense. More to follow.
11:15 a.m. Update: Two more doctors have taken the stand for the defense. The doctors were questioned on the link between brain injuries, brain conditions and behavior.
Monday, March 7, 2022
4:00 p.m. Update: The defense said it would call two more witnesses to the stand Tuesday. Court begins at 9:30 a.m.
2:00 p.m. Update: Dr. Jeffrey Lewine is a neuroscientist who examined Black's brain scans and said he recognizes areas of the brain that show traumatic injury as well as PTSD and other issues.
He testified for the defense and said he hasn't seen the video of Black shooting Trooper Damon Allen. When prosecutors questioned Dr. Lewine, it was revealed he as testified for at least 15 criminal trials previously.
10:30 a.m. Update: Week two of the Dabrett Black Trial started with his attorneys calling to the stand Randy Newman. Newman was deployed with Black during some of his time in the military.
Newman said he, too, has battled mental health issues after serving his time in the military and after his retirement in 2016. He said he started experiencing issues after his second deployment. He relied on his training of react first and think later.
Friday, March 4, 2022
NOON Update: Court has ended for the day and the trial is expected to begin at 9 a.m. Monday.
11:45 a.m. Update: Also called to testify today is LaNell Black, who is Black's half sister. She works at the Andrews Center in Tyler. The Andrews Center provides screening, counseling and psychiatric assessment and treatment.
LaNell Black talked about her and Black's upbringing and what her assessment was after he returned from being deployed. More updates to come.
10:30 a.m. Update: The defense has called one of the men who served with Black in the military. James Harrup testified he was stationed with Black in Iraq and spoke of his own mental health struggles after his deployment.
Thursday, March 3, 2022
4:45 p.m. Update: Dr. Staunlis continued on the stand this afternoon, testifying that Black's mental health issues were not ones he struggled with before his time in the military.
The state questioned Dt. Stanulis and asked if Black's reaction to Trooper Allen was intentional. Dr. Sanulis responded it was "merely a reaction."
3:30 p.m. Update: Dr. Stanulis is a neuropsychologist and said he started working on Black's case in 2019. Stanulis said he has worked extensively with veterans and is most concerned about Black's struggles after his deployment to Iraq.
The defense showed documents of Black's achievements in the military and his diagnosis of issues after. An evaluation of Black shows he suffered from traumatic brain injuries, PTSD and cognitive and delusional disorders. He also struggled with alcohol and using marijuana between 2006 and 2011.
1:30 p.m. Update: The defense continues its case with testimony from Dr. Robert Stanulis. Stanulis is a psychologist that is an expert on how military service can affect a person's mental health state. Dr. Stanulis discussed how Black's mental health issues at the time of the shooting could have played a role in his decision-making process.
9:00 a.m. Update: The media is informed no more still photography is allowed at this time.
The defense continues its case with testimony from experts on mental health and military service.
Wednesday, March 2, 2022
4:00 p.m. Update: Black's cousin Benny also took the stand and testified that Black has had a bad track record with the law in the past, but felt as though Black's time in the military helped correct that. Benny also testified he felt Black was proud of his service in the military.
Dr. Steven Yont from Bastrop also testified today for the defense. He shared lab results from 2019 that showed Black was treated for Hashimoto's Thyroiditis. According to Yont, this is an autoimmune disease that can sometimes attack the brain and can lead to behavioral problems. He testified these issues could have led to his decision making at the time of the shooting.
2:30 p.m. Update: The defense has started its case and Black's attorney has called several people who are close with the defendant to the stand, including long time friend Dre Clark, who has known Black since the two of them were in grade school.
Clark testified the two of them have been good friends for years, but after Black joined the military, he said he saw a significant change in him. Clark said Black was paranoid and often thought someone was following him.
12:30 p.m. Update: Court has announced a break for lunch. Court to resume at 2 p.m.
12:00 p.m. Update: Court is still in recess since the state announced it has rested its case.
9:30 a.m. Update: Court resumed at 9 a.m., however, the jury has just been excused from the courtroom. The prosecution has announced it has rested its case against Dabrett Black.
Tuesday, March 1, 2022
5:15 p.m. Update: Court will resume Wednesday at 9 a.m.
4:30 p.m. Update: During Black's first interview with investigators after the shooting of Trooper Damon Allen, he admitted to having anxiety frequently since his time in the military. He told investigators he thought another car was approaching him at the time of the traffic stop and at that moment felt threatened.
DPS Trooper Jake Burson also testified in court today along with a firearms expert from the DPS Crime Lab in Tyler. The expert talked the jury through the firearm Black used in the shooting.
3:30 p.m. Update: Court is in recess for a short afternoon break.
2:00 p.m. Update: The jury is now able to watch and listen to the first interview law enforcement is doing with Black after his arrest and one day after the fatal shooting. In the interview, Black admitted to investigators he was having mental health problems and was emotional during the traffic stop.
KAGS' William Johnson talked with Bryan criminal defense attorney Jay Granberry, who is not associated with this case on why investigators did not read Black his Miranda rights when he was arrested and what kind of bearing this will have on the case.
Granberry said officers are not required to read a defendant Miranda warnings, but doing so at the time of arrest is better for law enforcement to be able to use those statements in court.
"If the defendant is not read Miranda, that just means that anything the defendant said in response to said questions will be inadmissible at trial," Granberry said. "It's not a get out of jail free card. Just means the defendant's own statements can't be used against him."
Granberry said if it is determined the defendant is "in custody" and the defendant is being "interrogated" then Miranda warnings must be read before the defendant answers.
11:45 a.m. Update: Court has been put in recess for lunch and is expected to resume at 1 p.m. There is more information to come on potential witness testimony this afternoon.
11:30 a.m. Update: Jeter testified to the court he did not read Black his Miranda rights when he was arrested.
Also on the stand so far today was Dr. Chester Gwin with the Dallas County Medical Examiner's Office. He testified Trooper Damon Allen died from a gunshot wound to the head and the manner was homicide.
10:30 a.m. Update: Former Texas Ranger Steve Jeter has been called to the stand. He told the court that during Black's arrest, he was asked if he had any other weapons on him. He testified that Black said "If I had one, I would've come out shooting."
Jeter also testified that there was no search warrant issued for Black's car and he proceeded to search the vehicle without Black's consent.
In most cases, a search warrant is required to search your property, but that isn't always the case when it comes to your car. A law enforcement officer is allowed to search your vehicle if they have reason to believe there is evidence of criminal activity within the vehicle. It's called the Probable Cause Exception and authorities can search every aspect of the vehicle, including the trunk or other containers.
Law enforcement can also search your vehicle if its occupant has been arrested, which, in this case, Dabrett Black had been.
Monday, February 28, 2022
5:00 p.m. Update: Court has ended for the day. It will resume at 9 a.m. Tuesday.
4:30 p.m. Update: Law enforcement officers are questioned on the stand over who fired first in the shootout. Dash cam video is reviewed and gunfire can be heard. The video also shows Black running from his car, hopping a fence and disappearing into a wooded area.
The jury is being shown video that shows an aerial view of the standoff and shootout between law enforcement and Black in Waller County. James Norman, who is with Texas DPS Aviation is showing how law enforcement was able to surround Black before taking him into custody.
12 p.m. Update: Court has gone into recess for lunch and is expected to be back at 1:15 p.m.
11:45 a.m. Update: Kasey Allen, the wife of Trooper Damon Allen, testified she and her husband had a plan in place if he were ever in a difficult situation. She told the court the plan was to keep the kids inside the house and she would wait outside for a patrol car to come to the home. She said on November 23, 2017, the family was preparing for Thanksgiving. She said she had been trying to call Allen all day but never got a response. At this point, she said she knew something was wrong and when she saw two patrol cars pull up to her home, she knew he wasn't coming home.
DPS Trooper Matthew Poole testified he arrived at the scene of the traffic stop after hearing Allen's call for help, however, Poole testified Allen had already died. DPS video was also shown in court, recording Poole's shocked reaction at finding Allen at the scene.
Investigators with the Texas Rangers also testified and showed pictures taken at the scene of the traffic stop. Each picture was shown and explained thoroughly.
9:30 a.m. Update: Both the prosecution and defense teams give their opening statements. The prosecution urged the jury to consider Black's military experience, but not to dwell on it. Instead, the prosecution said the jury needs to look at the evidence.
The Defense team opened and urged the jury to put a lot of focus on Black's military experience. They said after his 2nd tour in Iraq, he was never the same and he suffered from PTSD, traumatic brain injuries (TBI) and was dealing with anxiety and paranoia at the time of the shooting.
The Case
Trooper Damon Allen, 41, of Teague went into work on November 23, 2017. “The day of his death we had Thanksgiving lunch together as a family," said his wife, Kasey Allen during her testimony in 2021 before the state legislature. "As a trooper you don’t get holidays off. Because criminals don’t take holidays off. I kissed Damon goodbye that day. He said, ‘I’ll see you tonight.’ He passed by the kids rooms to give them hugs. He then left for work. He never came home.”
At 3:45 p.m., Trooper Allen stopped a Chevrolet Malibu for speeding on I-45 at mile marker 194 just south of Fairfield. According to an arrest affidavit, Allen obtained the driver's license and went back to his patrol car. According to the affidavit, the driver of the Malibu got out of his car with a rifle and fired multiple rounds at Allen. Allen tried to get out of his vehicle, but had suffered a gunshot wound to the head. He died at the scene.
Texas Ranger Billy Mims got to the scene and found a driver's license belonging to Dabrett Black, 32, from Lindale. According to the affidavit, authorities began a large-scale manhunt for Black, who was found about two hours later in Waller County. There, a massive standoff took place, involving several law enforcement agencies. Gunfire was exchanged but Black was eventually surrounded and taken into custody.
In 2019, a change of venue was granted to move the trial from Freestone County to Brazos County. Due to the pandemic, the trial continued to be pushed back and jury selection took place on February 21 and 22 of 2022. The trial is expected to start Monday, February 28.
Black's Past Record
Five months before Black allegedly shot and killed Allen, he was accused of ramming his vehicle into a deputy during a high speed chase in Smith County. Two years before that, Black was convicted of attacking a law enforcement officer. He was able to get out on bond, despite his charges.
The Damon Allen Act
In April of 2021, Allen's wife, Kasey, testified before the state legislature committee that Black should have never been on the streets. Governor Abbott signed Senate Bill 6, the Damon Allen Act, into law on September 13, 2021. This law prohibits the release on personal bond of defendants charged with a violent offense or who are charged while released on bail.
The law also requires a defendant be granted or denied bail within 48 hours of their arrest and that a defendant's criminal history be examined before setting bail.
“I’m working as hard as I can, and have been, to prevent this tragedy from happening to another family because people are let out constantly over and over again on bail without regard for other human life,” Kasey Allen said.