Dallas Officer Fired Over Fatal Off-Duty Shooting

Dallas Officer Fired Over Fatal Off-Duty Shooting
September 21, 2006
By Tanya Eiserer, The Dallas Morning News

Dallas Police Chief David Kunkle on Thursday fired an officer who shot a drunken, unarmed man over the Memorial Day weekend at an Old East Dallas apartment complex.

An internal investigation concluded that Officer Michael Tayem, a four-year veteran, violated the department's deadly force policy.

"He should have allowed on-duty personnel to handle this incident," Chief Kunkle said. Chief Kunkle declined to comment further because of the possibility of litigation.

Haakon Donnelly, Officer Tayem's attorney, said his client will appeal his firing. "I don't think it was justified," Mr. Donnelly said. "He's prepared to fight for his job."

In late June, a grand jury declined to indict Officer Tayem, who was off duty when he fatally shot Jason Pabis, a 31-year-old Nokia manager, during a scuffle in a breezeway.

Officer Tayem is the first Dallas officer in recent memory to be fired for fatally shooting someone. Three officers were fired in the 1980s for fatal shootings, but all of those occurred on duty.

Alan Melson / DMN
The officer shot the man four times.
Officer Tayem was off duty and working as a night assistant manager at the apartment complex where he lived at the time of the shooting. The officer was wearing a T-shirt, shorts and sandals and did not have a holster for his gun or handcuffs.

On the morning of May 27, he went to check out a noise complaint. He told Mr. Pabis and his friend to lower the volume of their music and to clean up a mess they'd left around the pool. Mr. Pabis started cursing and told him to leave. Tests later showed that Mr. Pabis was extremely drunk.

Officer Tayem and a maintenance worker later encountered Mr. Pabis outside. Mr. Pabis swore at Officer Tayem, who decided to arrest him. Mr. Pabis tried to leave. Officer Tayem blocked him. Mr. Tayem and the officer scuffled, and the officer used a police technique to force Mr. Pabis to the ground.

"As he got up, he had an enraged look in his eyes," Officer Tayem wrote in a statement to investigators. The officer backed away.

Officer Tayem then pointed his gun at Mr. Pabis. The officer wrote that he shot him when Mr. Pabis charged at him. Mr. Pabis died at the scene.

Officer Tayem's account was backed up by the maintenance worker. Officer Tayem wrote in his statement to investigators that he shot Mr. Pabis because he thought his life "was in danger."

Mr. Pabis' friends and family have questioned the officers' actions and disputed the image of Mr. Pabis as violent or aggressive. They have described the Memphis, Tenn.-area native as a fun-loving, adventuresome person.

"I'm a little surprised," said Mr. Pabis' father, David Pabis. "I kind of thought that it was a dead issue. But I think that's the least that should happen. He loses his job; Jason lost his life."

Also on Thursday, Chief Kunkle fired Sgt. John McCaghren, a 24-year veteran, after an internal investigation found that he was disrespectful to a supervisor; that he criticized and ridiculed members of the department when he expressed opinions in a manner that was defamatory and obscene; that he failed to obey a lawful order previously given to him by a supervisor; and that he was absent without leave.

E-mail teiserer@dallasnews.com


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