YUMA, Ariz. – Prosecutors have dropped the two misdemeanor charges filed against DPS trooper Tyon Downing Sr. He was charged after pulling out a gun at Jimmie Dees bar in Yuma while he was off-duty. The incident took place on Friday February 6th, 2015.
Terri Capozzi is the attorney representing Downing, she says that video evidence shows he was attacked by three men and had to draw his weapon in self defense, “He grabbed the gun displayed it saying i’m a police officer back up but it didn’t stop them, then a security guard came over and Mr. Downing handed the gun over”.
The bouncer that disarmed Downing was David Alexandre, after the incident he was accused of stealing Downing’s firearm. The gun got lost during the incident, it has never been found. A Yuma Police Department report says that video from the bar shows Alexandre walking to the restroom with the gun by his side. He has been charged with several felonies for allegedly stealing the gun. Capozzi says, “I could not describe the bouncer as a hero in anyway shape or form the bouncers did not do their jobs that day, Mr. Downing had to defend himself”.
The men who allegedly attacked Downing have never been caught…Capozzi says it is legal for law enforcement to be armed even inside a bar while off-duty, Capozzi says “As a result of this situation in particular agencies have been evaluating what their policies are about this”. And it has not been determined if Downing was drunk at the time, “I believe there’s evidence he consumed alcohol but intoxicated i don’t think so” says Capozzi.
Downing has been on Administrative leave for several months his job status is still to be determined, “There is no guarantee he will be allowed back as an officer that’s up to DPS” Capozzi told us.
Alexandre begins trial on December 1st, we reached out to his attorney for comment but have not heard back.