A competency evaluation has been ordered for Delano Davis, a Texas man accused of assaulting a Smith County deputy and attempting to take a weapon from an officer. Davis' defense team requested the evaluation following an incident that occurred in June near Flint-Gresham.
The altercation took place on June 21, when a deputy responded to reports of a man walking in front of traffic near County Road 165 and County Road 168. According to the affidavit, Davis initially complied with the deputy's instructions.
However, while the deputy was checking Davis' record, authorities state that Davis opened the passenger-side door of the patrol vehicle and began throwing items onto the floorboard. Davis then told the deputy that the officer was going to give him a ride, a request the deputy repeatedly denied.
The situation escalated as the deputy held Davis at Taser point. Davis reportedly told the deputy he would have to shoot him. At this juncture, the affidavit states that Davis became "fixated" on the deputy's firearm and attempted to reach for it. The deputy warned Davis about the use of his Taser, describing the situation as "tense, uncertain and rapidly evolving."
The deputy then deployed the Taser, striking Davis in the chest, stomach, and left leg. Davis, however, pulled out the Taser prongs and moved toward the deputy. The deputy subsequently used the Taser three more times, after which Davis fell to the ground. Despite falling, Davis continued to fight as the deputy attempted to detain him, trying to grab items from the deputy's belt.
While on his back, the deputy called for help from a nearby church parking lot. The deputy reported that Davis struck him on the left side of the face, causing his glasses to be knocked off and a lens to break. The deputy struck Davis in return. A church member arrived and assisted the deputy in getting Davis to the ground, with the deputy maintaining his hold.
Three additional church members then assisted by getting on Davis' back as he continued to resist. With their combined help, the deputy was able to detain Davis in handcuffs. Even after being handcuffed, Davis reportedly resisted again while being evaluated by EMS personnel, which led to him being sprayed with pepper spray.
The affidavit states that the deputy suffered injuries during the altercation, including injuries to his left cheek and right elbow, as well as bruising to both knees. Davis faces formal charges of assault on a peace officer and attempting to take a weapon from an officer. The ordered competency evaluation will now proceed as part of the legal process.
