Texas Man Accused of Attacking Deputy Ordered to Evaluation

A competency evaluation has been ordered for a Texas man accused of assaulting a Smith County deputy during a June altercation near Flint-Gresham. Delano Davis faces charges of assault on a peace officer and attempting to take a weapon from an officer. The evaluation was requested by Davis' defense team.

According to CBS 19, the incident took place on June 21 with a deputy responding to reports of a man walking in front of traffic near County Road 165 and County Road 168.

The affidavit states that Davis initially followed the deputy's instructions. While the deputy was checking Davis' record, however, authorities say Davis opened the passenger-side door of the patrol vehicle and began throwing items onto the floorboard.

Deputy Says Davis Reached Toward His Weapon

Davis told the deputy that the officer was going to give him a ride, and the deputy repeatedly told Davis he would not give him a ride. The deputy held Davis at Taser point, and Davis said the deputy would have to shoot him. At that point, Davis became "fixated" on the deputy's firearm and tried to reach for it.

As the deputy warned Davis about the use of his Taser, the law enforcement officer said the situation became "tense, uncertain and rapidly evolving." The deputy then deployed the Taser, striking Davis in the chest, stomach and left leg. Davis pulled out the Taser prongs and moved toward the deputy.

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Deputy Calls for Help During Struggle

The deputy then used the Taser on Davis three more times. Davis fell to the ground. The deputy tried to detain Davis, but he continued fighting and tried to grab items from the deputy's belt. When the deputy was on his back, he called for help from a nearby church parking lot.

The deputy reported that Davis struck him on the left side of the face, knocking his glasses off and breaking a lens. The deputy struck Davis in return. A church member helped get Davis to the ground while the deputy maintained his hold.

Deputy Reported Injuries

Three church members got on Davis' back as he continued to fight, the deputy said. With their help, the deputy was able to detain Davis in handcuffs. While being evaluated by EMS personnel, Davis resisted again and was sprayed with pepper spray.

The affidavit states that the deputy suffered injuries to his left cheek and right elbow, as well as bruising to both knees, during the altercation.