A Dallas man is taking on the city and several of its police officers in a lawsuit filed last week after he said he was aggressively arrested in a case of mistaken identity.
On the morning of Oct. 16, 2021, Silvester Hayes said he was driving through South Oak Cliff to pick up breakfast for his four kids when he saw flashing lights in his rearview mirror.
He said he was stopped for failing to signal ahead of a stop sign.
“That’s when they pulled me over, asked for my information, license, and registration. And of course, I give it to them,” said Hayes.
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Body camera footage, shared with NBC 5 by Hayes legal team showed a situation that quickly escalated.
“I’m fixing to go get something for my babies. I'm fixing to eat,” said Hayes as he was asked to step out of the vehicle.
Within a minute, one officer opens his door and then several are seen struggling with Hayes to pull him from the car.
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“For what?" Hayes can be heard asking.
Hayes said he disclosed to the original officer that he had a firearm. After another officer spotted it in his right pocket, Hayes said he was forced to the ground.
“I was terrified at that moment because I didn't know how that situation was going to turn out,” he said.
“Stop resisting,” officers repeatedly said to Hayes.
“I’m not. You've got your foot on my neck,” Hayes responded at one point.
The lawsuit goes on to say that officers also kicked, punched and tased Hayes.
It wasn’t until minutes later when he was cuffed and in the back of a squad car that Hayes said he overheard officers talking about why he was detained.
Body camera footage shows an officer scanning Hayes's license before telling another that “it may not be him.”
Another then explains to Hayes that there’s another man with his name who had a warrant out for his arrest.
Following more discussion amongst the officers, Hayes said he was arrested for resisting arrest and unlawful possession of a weapon.
He was held in jail for multiple days.
14 months later, the charges were dropped.
“I just want justice for what they did to me,” said Hayes.
In his lawsuit, Hayes said the events of that day led to a "downward spiral that would wreak havoc on his life.”
The then 25-year-old was terminated from his job as a security guard and unable to find work for months.
He said he lost his car and was unable to provide for his children.
“The only thing I could think about was my kids. They look at me as a superhero, you know?” he said.
Dallas Police and the city responded to NBC 5’s requests saying they don't comment on pending litigation.
DPD did confirm the officers named are active members of the department.
Hayes said he's still dealing with lingering physical and emotional trauma while trying to put his life back together following months without an income.
