DALLAS -- A former Dallas police officer has done something that would once have been unthinkable.
Kevin Randolph agreed to testify against his former brothers in blue in a 2010 police brutality case that was recorded on dash cam video.
“In twenty-plus years representing people and a whole lot of police officers, I’ve never heard of any officer agreeing to testify against another in an unnecessary force or excessive force setting,” said George Milner, a defense attorney who represents one of the other two fired officers. “I’ve never one heard of that, except in a movie.”
In exchange for prosecutors dropping felony indictments, Randolph, 28, pleaded guilty on March 6 to misdemeanor official oppression, assault, and tampering with a government record. He agreed to surrender his peace officer’s license and to testify against his co-defendants, fired Dallas police officers Paul Bauer and Henry Duetsch.
Bauer, 30, faces felony indictments accusing him of aggravated assault and official oppression. Duetsch, 30, faces one count of felony tampering with physical evidence.
The criminal charges arose over a Sept. 5, 2010 incident, in which Randolph and Bauer chased motorcyclist Andrew Collins on Martin Luther King Jr. Boulevard. Bauer and Randolph chased Collins even though a supervisor ordered them not to do so.
“Keep us going,” one of the officers said, according to a dash cam recording. “I’m going to kick the [expletive] out of him.”
The video shows the squad car – driven by Bauer – hit the motorcycle. The motorcycle crashes, and Bauer and his partner, Kevin Randolph, rush up to Collins.
Randolph repeatedly hits Collins with a baton. Bauer punches him. He knees him. He hits him with a baton.
“At no time on the video does Mr. Collins appear to be showing any type of resistance,” according to police documents.
Duetsch arrived on scene soon afterward while the officers had Collins lying on his stomach, handcuffed. Duetsch is seen on the video looking back at the camera and then walking to the squad car and moving it to the right to prevent the camera from “capturing the officers actions,” police records state.
Randolph, Bauer, and Duetsch were fired within days of the incident.
An internal affairs investigation also found that Bauer did not tell supervisors about the hitting the motorcycle. It also concluded that he repeatedly violated the department’s vehicle pursuit policy by, among other things, turning on his emergency lights without activating his siren, not stopping at stop signs, and driving south in northbound lanes.
Milner, who represents Duetsch, said prosecutors have created a opening for the defense by stating in the plea paperwork that Randolph will testify "against" his co-defendants.
“In my mind, you wouldn’t get your deal unless it was anticipated and known that your testimony would be harmful,” he said.
Debbie Denmon, a spokeswoman for the District Attorney’s office, said she did not want to get into a back and forth argument with Milner. But said that it’s implicit when someone takes a plea deal and agrees to testify that they “would be doing so truthfully when they take the oath before the judge.”
Randolph received two years of deferred adjudication probation. If he successfully completes the probation, he will be left without a conviction.
Bauer is scheduled to appear in court early next month. At that point, he's expected to take his own plea deal or face going to trial with this knowledge: His former partner will be testifying against him.
The city has already settled a civil case with Andrew Collins for $500,000.