On October 16, 2021, the life of Silvester Hayes was altered forever. That morning, Hayes woke up early and went out to get breakfast for his four young children. While driving to get their favorite meal, which was french toast from a restaurant only a few blocks away from their home, Silvester encountered two Dallas police officers. He did not return to his kids with breakfast. Now a lawsuit has been filed and the bodycam footage has been released.
The raw use of force clip:
The lawsuit alleges the existence of a Texas state law conferring a right to resist an unlawful arrest:
In Texas, the use of force to resist an arrest is justified: (1) if, before the actor offers any resistance, the peace officer uses or attempts to use greater force than necessary to make the arrest or search; and (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer’s use or attempted use of greater force than necessary. Tex. Penal Code Ann. § 9.31.