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DALLAS
COMMUNITI ES
ORGANIZING FOR
CHAN GE
July 2, 2013
Thomas E. Perez. Assistant Attorney General
Criminal Section-Civil Rights Division
U.S. Department of Justice
P.O. Box 66018
Washington, D.C. 20035-6018
Via U.S. Mail and Email
Collette Flanagan
\.V\\ \.\ .cl intonallen .tumblr.com. W\.\ \\' .da! las t0rchange.t:on
Re: Request to Investigate Shooting Death of Cli nton Allen by the Dallas Police Department
Dear Mr. Perez,
Ms. Collette Flanagan, mother of the victim, and Dallas Communities Organizing for Change, a
community organization seeking to protect and strengthen civil rights and civil liberties of communities in
Dallas, TX, respectfully requests that the Civil Rights Division (CRD) ofthe U. S. Department of Justice (DOJ).
acting pursuant to its authority under 18 USC 242 and 18 U .S.C. 249, commence an investigation into the
shooting death of Cl inton Allen, an African American male, on March 10,2013 by a white Dallas Police
Officer, Cl ark Staller Badge 1 o. 9514. Ms. Flanagan and Dallas Communities Organizing for Change also
requests the Ci vil Rights Divi sion (CRD) of the U.S. Department of Justice (DOJ) issue a directi ve requiring the
Internal Affairs Division of the Dallas Police Department to deliberate on sworn witness testimony subject to
the Clark Staller investigati on. and that all sworn witness testimony in submitted and in possession of Crimes
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Against Persons (CAPERS) and the Internal Affairs Division(s) ofthe Dallas Police Department. be submitted
in its entirety to the Dallas County District Attorney's Office for consideration at any subsequent Grand Jury
hearing.
The Department of Justice Cri minal Section of the Civi I Rights Division, has jurisdiction. authority, and
the responsibili ty to investigate and enforce criminal violations of federal law. 18 U.S.C. 242 allows for the
criminal prosecution of an individual acting under the color of law who deprives an individual of any rights.
privileges, or immunities secured or protected by the Constitution or laws of the United States. The Eighth
Amendment to the Constituti on prohibits the use of cruel and unusual punishment during an arrest or detention.
These rights can be violated by the use of excessive force, up to and including death. 18 U.S.C. 249,
otherwise known as The Matthew Shepard and James Byrd, Jr .. Hate Crimes Prevention Act of 2009, authorizes
a federal investigation as a hate crime when a person, "whether or not acting under the color of law. willfully
causes bodil y injury to any person or, through the use of a firearm, a dangerous weapon, or an explosive or
incendiary device, attempts to cause bodily injury to any person because of the actual or perceived race, color.
religion, or national origin of any person'
Officer Staller violated 18 U .S.C. 242 through the willful and deliberate application of excessive force
under the color of law. This violation deprived Mr. Allen of his most basic human and civil right, the right to
life. Officer Staller has a hi story of illegal and excessive force against African American's, falsifying reports
and/or fabricating evidence to elude criminal prosecution for his actions. The history of violence against
African American' s confirms that Officer Staller's actions were motivated by Mr. Allen's race and color, in
violation of 18 U.S.C. 249.
The shooting summary and other official reports which are based on a single Officer's statements, are
suspected to be fa lsified, with evidence intentionally fabricated. Further investigation into the Internal Affairs
Division of the Dallas Police Department may reveal an agency wide culture of corruption and ongoing illegal
activity as it relates to investigating its own officers for alleged misconduct. The shooting death of Mr. Allen is
not merely an issue of excessive force or police misconduct, but rather represents the most recent instance in a
history of systemic human rights failures and civil rights violations, perpetrated by the Dallas Police
Department.
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Background
On March I 0, 2013 Clinton Allen was shot 7 times by Officer Clark Staller, for reasons that are highly
disputed. According to the shooting summary sent to the FBI by the Dallas Police Department, it is
publicl y known that Officer Staller responded to the 911 call alone, and that there were no other Dallas
Officers present as witnesses to the shooting.
Sworn witness statements confirm that the person who made the 911 call , friend and
of at no time feared for her life, and at no time stated she feared for her life.
When asked, ._. told 911 dispatch that Allen had no weapon, and that he had not harmed her in
any way.
Time of incident, weather reports, and sworn witness testimony confirm that it was dark (evening) and
raining leading up to, and during the shooting incident. Identifying a suspect at night at a distance is
difficult enough, but with rain and horrible lighting conditi ons added to the situation, it is hardl y
believable that Officer Staller was able to identify a person from behind, and previousl y unknown to
him. According to sworn wi tness statements, Officer Staller arrived at the apartment complex, yelled
"Where did he go?" Before Ms. had a chance to give Officer Staller any information,
he saw someone jump over a balcony fence, and initiated a foot pursuit. Officer Staller initiated a foot
pursui t of an unidenti fied suspect based solely on race and color.
According to the 911 cal l and public statements released by the Dallas Police Department, Allen
allegedl y kicked in a door. There is no mention of this in the shooting summary, or police report
submitted by Officer Stall er. In fact, an informal conversation with the property manager, Dallas
Communities Organi zing for Change revealed that a work order requesting that the door be repaired,
was never submitted. There is no physical evidence that confirms that the door toM
apartment was ever kicked in.
Dallas Police General Order 90 l .02(A)(l) Use of Force defines resistance as a "subjecfs non-
compliance to the offi cer.' Depending on the level of non-compliance, or resistance applied by the
suspect, the officer may increase control, or "the force an officer uses to influence or neutralize a non-
compliant subject. An officer 's use of force is justified and initiated by an officer in response to a
subject' s resistance. According to the shooting summary submitted to the FBI, officer Staller observed
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suspect Allen jump over the fence of a first floor patio area of an apartment. Officer Staller drew his
duty weapon and began giving loud verbal commands ... "
At the time Staller drew his weapon, there had been no previous interaction between Allen and Officer
Staller, and at no time did Allen resist in any way which would justify the use of deadly force. The
drawing of an Officer's weapon inherently assumes that the use of force will cause death or serious
bodily injury to the suspect, and is to be applied under very narrowly defined circumstances. According
to Dallas Police General Order 906.02(D) Authorization to Use Deadly Force; 'Officers will only use
deadly force to protect themselves_9r another person from imminent death or seriously bodily injury".
General Order 906.02(E) Drawing or Displaying Firearms: requires that a threat or reasonable
there is a threat to life or they have reasonable fear for their own safety and/ or the safety of others, exist
in order to authorize an officer to draw or display her/his firearm. As made clear from the shooting
summary submitted to the FBI Dallas Division on March 10,2013 and several sworn witness
statements, Allen posed no risk to Officer Staller, or any other person before or after the weapon was
pulled.
According to eyewitness Pastor- both Allen and Officer Staller were standing in the front
entryway area the apartment complex,,pecifically 6". When - aw them, Allen had his
hands up, while Officer Staller has his gun pointed directly at him, shouting, "Show me your
motherfucking hands or I' m going to bust a cap in your ass." Officer Staller appears to have falsified his
report by stating that Allen jumped over a first floor railing before being attacked. Pastor Iva Spear's
sworn testimony also supports Gunshots #2, #3, and #4 being fired from a distance, not at close range as
reported.
Officer Staller reports during this time that Allen jumped a fence and headed towards him, that a
struggle then ensued, and that he attempted to deploy his Taser multiple times. The shooting summary
goes on to describe that after verbal commands were given by Officer Staller, that Allen complied, and
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that Staller holstered his weapon and drew a Taser. General Order 901.04CD)(3) Levels of Control; ''
Electronic Control Weapon (Taser) is an intermediate weapon, and is only justified for situations when
the officer believes empty hand control will be ineffective. Empty hand control techniques include joint
locks, pressure points. Oleoresin Capsicum Spray, hand held aerosols, and pepper ball saturation, none
of which occurred before the drawing of Staller's Taser.
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Officer Staller reports that this then escalated into an actual "fi ght.' ', and at some point both individuals
flipped over a walkway railing. Officer Clark Staller goes on to report that Allen was then able to get
behind him, choke him, and lift him off his feet. In this position, Officer Clark Staller was able to draw
his duty weapon and shoot Clinton Allen seven (7) times, killing him. It is highly questionable whether
or not all of these things could have happened in under a minute, as detailed by Pastor Iva Spears.
According to the Dall as County Medical Examiner's Report, six (6) of the seven shots fired were from
"front to back'', with the remaining shot entering the middle of Allen' s back, fired at close range. To
clarify, Allen was shot in the back at close range by Officer Staller.
Gunshot #2, Gunshot #3, and Gunshot #4 all enter the left upper chest from front to back, but none leave
any soot or stippling. Soot and stippling are commonly known to be caused by shots fired at close or
medium range, which is inconsistent with the sequence of events detailed in Officer Clark Staller's
shooting summary. This raises several questions about the truth of the story told by Officer Staller, and
suggests that at least three of the shots fired were at a distance, and not at close range as reported. This
would set the Dallas County Medical Examiner' s Report directly at odds with Officer Staller' s report.
Is/ Stephen Benavides
Stephen Benavides
Policy Coordinator
Dallas Communities Organizing for Change
255 Pacific St. # I B
Brooklyn, NY I 120 I
Respectfully Submitted,
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Tel: (214) 779-8991
www .dallasforchange.com
stephenbenavides@gmail.com
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