UPDATE: A preliminary autopsy released Tuesday afternoon revealed that 23-year-old Devin Brian Dial died of a gunshot wound to the neck.
The report was released by Gregg County Justice of the Peace Precinct 1 B.H. Jameson, who pronounced Dial dead. The autopsy is being performed by Southwestern Institute of Forensic Sciences in Dallas by Dr. Emily Ogden. A final autopsy report could take at least two months to complete.
---------------------------------------------------------------------------------------------------------
LONGVIEW (KYTX) - Investigators today filed a search warrant for the contents of a gray Nissan Altima belonging to Devin Brian Dial, the man who died following Friday's officer-involved shooting outside Walgreen's pharmacy in northwest Longview.
According to police, an officer said Dial was wearing a white mask while sitting inside the Altima outside the pharmacy. When the officer approached Dial, he stepped from the Altima with a Glock-.380 handgun, leading the officer to fire his duty weapon, striking Dial. The suspect was taken to Good Shepherd Medical Center, and today, police announced that a local justice of the peace has pronounced Dial dead and ordered his body sent to a forensics lab for autopsy.
The Texas Rangers and Longview Police Department Internal Affairs Division are conducting separate investigations of Friday's incident. The officer, who has been placed on routine paid leave, is identified as the Longview police officer as Emit Brandon Kennedy.
Kennedy is a third-generation lawman. He was commissioned as a Longview officer Dec. 30, 2013.
Investigator Daniel Lhullier recovered a black men's wallet, a white Samsung cell phone and charger, a white Walmart sack, a pair of work gloves and a multi-colored ball cap from Dial's sedan, according to the search warrant filed in Gregg County Court-at-Law No. 1. The warrant includes a search of Walgreen's property, at 1775 W. Loop 281, as investigators are looking for: firearms and ammunition, a cell phone, papers o other documents with identifying information of Dial or the possible owner of the Altima, blood or other residue from bleeding injuries of violent trauma, correspondence such as canceled mail, utility bills or other identifying items, controlled substances, fingerprints, wallets, currency or credit/debit cards, hair or fibers and threads, and masks, bags and cloths capable of being placed over, around or in front of someone's face.
According to the search warrant, officer Cody Lusk told another Longview police officer that he was off duty and arrived at Walgreen's to buy personal items before going home. When he arrived, he noticed a vehicle on the side of the building, and the vehicle was occupied by a man wearing a mask. Lusk said he went across Gilmer Road to the Food Fast Exxon station to call dispatch for additional officers, before making contact with the man in the car.
Investigator Lhullier said officers Emit Kennedy and Donald Appleman responded to the scene. Supervising Sgt. Shane McCarter told the investigator that Kennedy said he arrived at the location and saw the man sitting a vehicle parked at the corner of the pharmacy. "Officer Kennedy told Sgt. McCarter that the individual had a white mask up at his face. Officer Kennedy got out of his vehicle and started towards the suspect in the car. The suspect got out of the vehicle and came toward Officer Kennedy. Officer Kennedy ordered the individual to get back in his car. The suspect told Officer Kennedy, 'Hey, man, you don't want to do this,' and kept advancing on the officer.
"Officer Kennedy indicated to Sgt. McCarter that he saw a flicker of light off the muzzle of a pistol in the suspect's hand. The suspect then raised the gun, and Officer Kennedy fired shots at the suspect, hitting him at least once," Lhullier wrote in the search warrant.
After the suspect was immobilized, Kennedy cleared the weapon and removed it from the suspect's reach, according to the warrant. Sgt. McCarter said, when he arrived, the suspect was still at the location by the vehicle, and was later transported to Good Shepherd Medical Center.
Another Longview officer told investigating Texas Ranger Brent Davis that he saw Dial at the hospital and noticed "numerous track marks on his arms, that in the officer's training and experience, he recognized as indicative of recent drug use," according to the warrant.
Investigators are working to retrieve data from the cell phone, hoping it reveals the phone's location over time, as well as other information that could prove useful in the investigation.
Gregg County court records show Dial was arrested more than a half-dozen times in the past five years, on charges ranging from assaulting his mother and his girlfriend, to possessing a stolen firearm. He was also investigated for fatally shooting a dog.
Oct. 10, 2010 - Longview police responded to Dial's home in the 3500 block of Gene Drive to follow up on an incident from earlier that day, when Dial allegedly shot and killed his dog in the backyard of his home. According to court records, the gun was never located. Dial's mother told police she was sitting on the front porch that afternoon, and Dial was inside his bedroom, when she hear a gun being cocked. Moments later, Dial ran out of the house and left in his car. The woman said she went into his room and found the handgun in his closet. Officers said, "She advised that Dial is very unstable and she was in fear that he would hurt someone with the gun, so she hid it in her bedroom and called 911. She advised that she first saw Dial with the gun approximately one week ago, when he had it in his waistband." The woman gave the gun to police, who learned it was reported stolen in Longview on June 29, 2010. Dial later told police he bought the gun on the street from a woman, who he said stole it from a stash pile, where members from a criminal street gang had hidden it. He said that he paid her $40 for the gun, and that he knew the gun was valued at about $500. Dial was arrested, and was released from jail Oct. 11, 2010, on $2,500 bond.
Feb. 16, 2011 - According to court records, officers responded to Dial's apartment in the 3500 block of Gene Drive, where his mother said Dial "had choked her. Victim stated that Devin became angry when the victim refused to buy him a firearm. Victim stated that she was sitting on the bed, when he grabbed her and choked her with his arm around her neck. Victim stated that her breathing was restricted for about 30 second to 60 seconds." Police noticed redness on the left side of the woman's neck, and a witness said she saw Dial with his arm around the victim's neck, and that Dial had the victim's right arm bent behind the victim's back. He was charged with third degree assault family violence by strangulation. He was released from jail the next day on $5,000 bond.
Feb. 24, 2011 - Dial was arrested after trying to flush 0.46 ounces of marijuana down a toilet at Comfort Suites Motel (711 N. Access Rd.). Officers were dispatched there in reference to narcotics traffic. Dial told police the marijuana belonged to his roommate, who was asleep on the bed.
March 1, 2011 - Released from jail on $8,000 bond.
May 3, 2011 - Dial plead guilty to possession of less than two ounces of marijuana and was placed on one year of community supervision.
May 6, 2011 - Prosecutors dismiss Dial's theft of firearm indictment, from the Oct. 10, 2010, arrest.
June 8, 2011 - prosecutors said Dial violated his probation by not abstaining from alcohol. He was sentenced to 140 days in county jail.
July 22, 2011 - Released from jail for time served.
Aug. 23, 2011 - Officers responded to a disturbance call at Dial's apartment in the 3500 block of Gene Drive. When an officer arrived, he saw items being thrown out of the front door, and a female crying, saying, "You will never put your hands on me again," holding the right side of her face. She told police her boyfriend, Dial, hit her, threw her around in the bedroom, hit her head against the ground several times and punched her in the back of the head while she was on the ground. She said Dial then threw her into the hallway, then threw her into an end table in the den that had a picture on it and a rock vase, which she said she hit, hurting the right hand's palm. She said her head was hurting from Dial pulling her hair and hitting her in the head, and police noticed redness on both knees where Dial had thrown her to the ground, and also a small series of scrapes on her left forearm. Dial was arrested, and released from jail the next day on $1,000 bond.
April 20, 2012 - Dial was arrested on four Longview police warrants totaling $1,792.20 in fines on charges of discharging a firearm, public intoxication and two traffic citations. He was released from jail April 23, 2012, after agreeing to a payment plan.
Nov. 18, 2012 - Dial was arrested again on the same four Longview warrants, now owing $1,667.20. He agreed to a payment plan and was released from jail the same day.
Nov. 2, 2012 - Dial was arrested again on the same four Longview warrants, now owing $1,757.40. He agreed to a payment plan and was released from jail the same day.
