DALLAS (CBSDFW.COM) – A Dallas Police Officer shot and killed a man who appeared to be gesturing toward a weapon Friday night. A round fired by that officer also hit an 11-year-old boy who was standing nearby. He was not seriously injured.
At about 8:30 p.m. Friday, Dallas police were called to an east Oak Cliff apartment complex in the 3800 block of Bonnie View Road. The complex, Cedar Green Apartments, has had routine complaints of drug sales, prostitution, gang activity and violence, Dallas police said.
Tobias Mackey, 25, approached Sgt. Kenneth Chapin and Officer Matthew Tate near a breezeway. Mackey previously had a criminal trespass warning, which made it illegal for him to be at the complex, police said.
While speaking with officers, Mackey moved his hands behind his back out of view of the police. Mackey was ordered to move his hands to his side. Police said he did not, and “made gestures” that led Tate to fire his gun. Mackey died from his wounds, and officers later did not find a weapon on the 25-year-old.
Police said 11-year-old Xavion Collins was walking to buy candy when Tate’s bullet slashed his arm. He said he felt a sudden vibration and looked down to see blood pouring from an open wound.
“When I got shot, I started running,” he said.
Police officials confirmed that Collins was not involved in the altercation with Mackey. He was taken to Methodist Central Hospital and released hours later.
Tate is a three-year veteran of the Dallas Police Department. He is on administrative leave while officials investigate the shooting. The Collins family said officers did not make their presence known to neighbors and are planning to hire an attorney.