Courtesy of Tyler Hoskins – The Eagle

 

The murder trial of Dabrett Black concluded its first week on Friday with two character witnesses brought in by the defense who testified Black’s military service affected his mental health. Both witnesses have military experience and are said to suffer from Post-Traumatic Stress Disorder.

Black is accused of killing Texas Department of Public Safety Trooper Damon Allen with a hunting rifle after he was stopped going 100 mph along Interstate 45 near Fairfield in Freestone County on Thanksgiving Day 2017.

Black pleaded not guilty Monday at the Brazos County Courthouse. The death penalty was not pursued after an agreement was made to waive the insanity defense. If convicted, Black will be sentenced to life in prison without parole.

Throughout the trial, the defense has made the argument that Black shot Allen during the traffic stop due to mental illnesses such as PTSD, anxiety, schizophrenia and a traumatic brain injury acquired from his tours in Iraq so he should be found not guilty.

James Harrup said he was stationed with Black at Fort Stewart and they did two deployments together. Harrup said he was an “88 Mike” with the duties of transporting troops and supplies between bases. During their long transports they were on constant lookout for potholes that could contain an Improvised Explosive Device (IED).

When Harrup first met Black as a new soldier at Fort Stewart, he said Black was “outgoing and lively,” and was very “professional” while also cracking a few jokes while on duty. In the seven months Harrup spent on his last deployment, he said he noticed behavioral changes in Black that had occurred gradually.

“He went from fun loving to anything and everything could set him off, and when I say anything and everything I mean even just saying his name could set him off,” Harrup recalled.

After being discharged in 2011, Harrup said he had trouble transitioning to civilian life. Harrup testified that every soldier has some form of PTSD and that it’s only a matter of severity; he personally has flashbacks when he smells oil and salt. Though he has sought help from Veterans Affairs, Harrup said he became frustrated with how long it took to schedule an appointment and having to explain his situation to a new doctor every time. His primary support was his military family.

Black’s half-sister, LaNell Black, who served 12 1/2 years in the military as a cook, laundry and bath specialist, and crane operator and now works as a peer specialist coordinator at Andrews Center Behavioral Healthcare System, testified she obtained PTSD after her service and became hyper vigilant, causing her to constantly check doors and windows to make sure they are locked, sit close to restaurant doors and distance herself from others.

LaNell described Black as a “prankster” who always had a smile on his face. She said they were raised to stay out of trouble and to fear police after an incident occurred between her uncle and law enforcement. After Black’s second deployment, LaNell said she saw a very scared young man whose best friend lost his legs after he drove over an IED. Black became agitated and standoffish, she said.

“It was like the life was sucked out of him. He didn’t have that bright smile on his face,” LaNell said. “He was weary, he had trust issues, he can’t trust nobody.”

It was revealed Black had two assault rifles that were confiscated by LaNell, however she was unaware of their legality and unaware of the weapon used in the shooting of Trooper Allen.

First Day of Trial
(Monday, February 28, 2022)

Prosecutor Lisa Tanner said in opening remarks to the jury that Allen had pulled over a vehicle driven by Black for speeding when Black opened fire on the trooper, killing him.

Defense attorney Suzanne Anderson told the jury that Black served in Iraq as a military truck driver. After three deployments and four years of service, Black returned a different person, suffering from post-traumatic stress disorder, schizophrenia, paranoia and anxiety, Anderson said.

Department of Public Safety Trooper Matthew Pool testified about arriving at the scene of the traffic stop to find Allen lying face down on the shoulder of the freeway.

“The door to his patrol car was still open,” he said. “I went to check on Damon, and he’s mortally wounded.”

Pool said the computer in Allen’s car had information related to Black.

Texas Ranger Jason Bobo, who was in charge of processing the crime scene, told jurors that directly underneath Allen’s body was an identification card that belonged to Black.

Bobo testified that there were six shots fired at Allen and his vehicle. Bobo said the fatal shot pierced Allen’s driver side window before striking him.

Magnolia Police Sgt. Stephen Tucker told jurors that he was parked on U.S. 290 under a bridge in Waller County the night Allen was shot. He said he noticed a vehicle that matched a description from the shooting and started a pursuit. The vehicle eventually pulled into a driveway, and the driver pointed a gun at him, he said. Tucker said he believed a shot was fired before he unloaded his weapon into the side of the vehicle. The suspect ran off, and, according to Tucker’s testimony, Black was shot in the leg.

“I continued to return fire in order to ensure my safety, ensure the safety of the trooper who was approaching behind me, and restrict the suspect’s movement in order to protect the safety of any innocent bystanders,” Tucker said.

Testimony in the case is expected to resume at 9 a.m. Monday. Prosecutors said the trial could last up to two weeks.