Pubdate: Fri, 25 Jul 2003 Source: Dallas Morning News (TX) Copyright: 2003 The Dallas Morning News Contact: http://www.dallasnews.com/ Details: http://www.mapinc.org/media/117 Author: Jason Trahan DALLAS COPS KILLED A DRUG SUSPECT AT HIS CLOTHING STORE Witnesses Say Tony Vernon Had No Gun. The Cops Say He Had A Gun. Dallas Police Kill Shop Owner Drug Squad Says Man Fired First; Witness Disputes Gun Report Dallas officers working an undercover narcotics case fatally shot a clothing store owner, although it's unclear whether the man fired first at officers before he was killed Thursday afternoon in southeast Dallas. Tony Vernon, 38, of Rowlett died at 12:28 p.m. at Baylor University Medical Center in Dallas. He was shot in the parking lot of his business, Designer's Hip Hop Clothing, 7728 S. Loop 12. Police said the shooting occurred after officers in two undercover cars drove in behind Mr. Vernon's pickup, intending to arrest him as part of a narcotics investigation. But when Mr. Vernon got out of his truck, police officials said he began shooting at the plainclothes police officers. "They returned fire, fearing for their lives," said Sgt. Hollis Edwards, police spokesman. John Perkins, who was at a gas station next door, said that Mr. Vernon displayed no gun. "When he got out of his truck, officers shot him," said Mr. Perkins, who added that he heard about 20 shots. "He was gunned down for no apparent reason." Lt. Mike Genovesi, who is heading the department's criminal investigation into the shooting, said that witnessing the shooting would have been difficult from Mr. Perkins' vantage point. The shooting occurred on the driver's side of the truck; Mr. Perkins had a view of the passenger's side. Lt. Genovesi said that one of the officers was shouting at Mr. Vernon, identifying himself as a police officer, "but whether it was heard, it's unclear." Early indications are that the shooting is justified, Lt. Genovesi said. "The guy had a gun. The gun was loaded. He pointed it at the officers. The officers believe he shot. We're still looking into it." A crowd of about 50 people gathered at the strip shopping center on Loop 12, most either friends or family of Mr. Vernon. They described him as a respected businessman who helped many people in the community. "I buy clothes from him," said Carlos Huey, who runs a nearby state inspection business. "He didn't drink. He didn't smoke. He does business with all of us in this neighborhood." Eric Williams has worked at one of Mr. Vernon's three clothing stores for about a year. "He was a pillar," he said. Regina Lee, Mr. Vernon's sister-in-law, said he often gave her two daughters clothing. "He was a hard-working man," she said. "Why would they shoot him that many times?" Family members said Mr. Vernon had tried to turn his life around after some earlier criminal convictions. In 1990, he was charged with possession of a controlled substance in Dallas. He pleaded guilty and received probation. The judgment was later set aside. He was suspected of the same crime the previous year, but that case was dropped, county records show. He also has been charged with driving while intoxicated, theft and evading arrest. "He hasn't been doing anything for like 10 years," said Chelsea Vernon, 20, his niece. "He began running the businesses a couple of years ago. He wasn't doing anything." According to Dallas Police Department policy, deadly force "will be used with great restraint and as a last resort only when the level of resistance warrants the use of deadly force." Deadly force cannot be used to protect property, the policy states. "Officers will only use deadly force to protect themselves or another person from imminent death or serious bodily injury," the policy states. Lt. Genovesi said undercover officers had arranged to meet Mr. Vernon at or near the business Thursday. He would not discuss the details of the arrangement, but he said that officers were there to arrest Mr. Vernon. "They didn't need something to occur; no dope had to be exchanged," Lt. Genovesi said. He said officers fired multiple rounds at Mr. Vernon. What appeared to be a 9 mm handgun lay beside Mr. Vernon's white pickup. "A number of cartridges have been recovered, but whether they came from his gun, it is to be determined," Lt. Genovesi said. Mr. Perkins, who was at the gas station, said he thought he was witnessing a robbery because it was not immediately clear that the officers were undercover. He said he saw the word "Police" later on the back of their clothing. "They need to ID themselves," Mr. Perkins said. "They need to follow rules just like we do." Dallas County grand jurors will review the case to determine whether a crime occurred. Two other recent police shootings also are set to go to grand jurors. On June 3, Luis Ortiz, 31, a suspect in a store robbery earlier that evening and a weekend robbery, walked out of a residence carrying a shotgun near the 12700 block of Kleberg Road in the Rylie area of southeastern Dallas. He headed across a street with officers following. Five officers approached him near the Rock of Ages church and ordered him to put his shotgun down. Police say Mr. Ortiz fired once at officers, all of whom returned fire. Police fired more than 30 times, officials said. Later that night, a 46-year-old off-duty Dallas County sheriff's deputy was patrolling a grocery store parking lot in the 10500 block of Harry Hines Boulevard. He told Francisco Castillo, 25, to move his truck, which was improperly parked in a space reserved for the disabled. Officials said Mr. Castillo threw a cup of hot corn seasoned with cayenne pepper and a beer bottle at the deputy, then began backing up his truck. The deputy told investigators that he feared he would be run over, so he fired one shot, killing Mr. Castillo, officials said. - --- MAP posted-by: Larry Stevens