Dad Getting Breakfast for His 4 Kids Says He Was Pulled Over, Assaulted by Cops Who Mistook Him for Man Wanted for Domestic Violence

A Texas father of four is suing after he claims Dallas police unlawfully arrested him when officers mistook him for someone wanted for domestic violence, beat him and, even after realizing their mistake, charged him with resisting arrest.

Silvester Hayes, a 27-year-old single father, alleges the ordeal that played out as he tried to pick up breakfast for his kids on Oct. 16, 2021 "fundamentally altered" his life by costing him his job and leaving him struggling to provide for his children, according to a complaint filed in U.S. Texas Northern District Court last week.

"That situation took a toll on my life – me and my kids' lives," Hayes told The Messenger on Tuesday. "We had everything. We had the ball rolling, and they put a stop to all of that when they did me the way they did."

The lawsuit, which lists the City of Dallas and 10 officers in the Dallas Police Department as defendants, alleges Hayes was racially profiled that morning because he is Black. The complaint is seeking unspecified damages.

The traffic stop

On Oct. 16, 2021, Hayes was driving to a restaurant near his home to pick up a French toast breakfast for his children, when he was stopped by Officers Holly Harris and Walter Paul Guab in Dallas' Oak Cliff area, the complaint claims.

The lawsuit alleges Hayes explained where he was going, but complied with police orders, handed over his license and informed Guab that he had a handgun lawfully registered to him in the vehicle.

Guab turned the license over to Harris, who, without checking Hayes' name in the police database available in her cruiser, told Guab Hayes was wanted "for a family violence warrant," the lawsuit alleges.

The complaint claims Harris mistook Hayes for someone with a similar first name, spelled "Sylvester." Harris uses the spelling, "Silvester."

Without verifying the ID, however, Guab went back to Hayes' car and without offering an explanation, opened the driver's side door and forcibly pulled Hayes out of the car, the lawsuit alleges.

"I definitely thought the way they were pulling at the door, pulling me out of the vehicle, I thought something was going to happen to me. I thought they could possibly shoot me that day," he said on Tuesday.

"All I could think about was my kids. I was just like, 'Man, hey, I'm just trying to get something to eat for my kids,'" he said. "And from there, it just took a turn for the worse."

Body camera video footage shared with The Messenger by a law firm representing Hayes shows officers appearing to shove Hayes onto the street as they work to restrain his hands.

Neither Harris nor Guab informed the arriving officers about the gun in the car, which was visible at that point, the filing says.

The responding officers began yelling, "Gun," and the cops escalated their assault on Hayes, as they began to "kick and punch" Hayes, the complaint alleges. The video shows they also threatened to use a taser on him.

"One or more of the officers can be seen dangerously pinning Plaintiff Hayes down with their knees on his skull, beck and back," the lawsuit alleges.

In video footage, an officer appears to be heard telling him, "I know I'm pressing your pressure point because you're acting stupid."

Hayes said at one point, his arm was pulled out of its shoulder socket – an injury he is still suffering from, the lawsuit alleges.

"They didn't let up," Hayes said.

Hayes can be seen in the video pleading for help from bystanders as the officers struggle to walk him to a cruiser and try to shove him in the backseat.

Outside the cruiser, he falls to the ground again, and as officers tie his feet together, one can be heard saying, "You're getting this because you're acting this way," the video appears to show.

Police say on video: 'It may not be him'

When officers finally run Hayes' ID through the database, they realize the mistake, according to the video. Harris could be heard apparently saying, "F--- though, it may not be him."

In speaking with a supervisor at the scene, Guab and Harris explained how they were searching license plates when they ran Hayes' number as he drove by, and how his name appeared to come up with a warrant, video shows.

They said they stopped Hayes after he failed to signal near a stop sign.

As they speak over potential charges for Hayes, the unnamed supervisor appears to say, “If he resisted, he resisted, you know what I’m saying? So we got him on that, right? So then we’re good.”

Hayes was ultimately charged with resisting arrest and unlawful possession of a weapon, the complaint claims.

Spokespersons for both the Dallas Police Department and the City of Dallas declined to comment on the lawsuit on Tuesday, citing that the agencies do not comment on pending litigation as a policy.

Prior to the incident, Hayes was considering becoming a police officer, he said. It was a career move he was working towards as he got experience working as a security officer, he said.

He has since found work as a security officer again. But he is now reconsidering his future.

"I just let that go," he said. "I want to be able to work with someone, you know, a company that has integrity, that's willing to do what's right, no matter the circumstance."

Hayes: 'Whoever goes through this next may not be lucky enough to make it out'

After his arrest, Hayes spent two to three days in jail, and unable to attend work, he was fired from his security officer job, he said

Although he had no prior criminal record or convictions, he also struggled to find work while the case against him continued.

The financial loss cost him his car and his home, before the charges were dismissed late last year, he said.

"They put me through a traumatic situation," Hayes said. "And it's kind of hard for me to even talk about it, but I do it for the greater good."

"I have sons, you know, and there are plenty of other young, Black men growing up," he added. "I just don't want anything like this to happen again, because who knows? Whoever goes through this next may not be lucky enough to make it out."