Under Texas law, pulling away from an officer who is trying to detain you can be charged as evading arrest or detention even if you were never accused of any other crime, but the state must prove the officer was acting lawfully when the detention began. That question is now in front of a Brazos County court in the case of Miami livestreamer and influencer Benius Beard, 34, known online as BenDaDonnn. According to KBTX and Complex, Beard appeared on the Texas A&M sideline during the Aggies’ game against Arkansas on Saturday and was later arrested in the Northgate entertainment district in College Station. College Station police said officers were clearing people from the roadway in front of a bar when a group refused to follow commands, that Beard tried to get away as officers attempted to detain him, and that an officer deployed what police called a less-lethal tool, which video showed to be a Taser. Beard was booked into the Brazos County Jail on a charge of evading arrest or detention with a $7,000 bond, and a man police identified as his security guard was charged with interference with public duties. Both are presumed innocent, and because the case arose in Texas, Texas law applies directly.
The following is general legal commentary from L & L Law Group, PLLC on how Texas law treats these issues in Collin County and across the Dallas-Fort Worth area. It is not legal advice about any specific case, and anyone accused of a crime is presumed innocent unless and until proven guilty.
What Is Evading Arrest or Detention on Foot in Texas?
Under Texas Penal Code Section 38.04, a person commits evading arrest or detention by intentionally fleeing from someone they know is a peace officer who is attempting lawfully to arrest or detain them. When the flight is on foot, the offense is generally a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. It becomes a state jail felony if the person has a prior evading conviction, and fleeing in a vehicle is a felony. The charge does not require that the person be guilty of anything else; the flight itself is the offense.
Does the Detention Have to Be Lawful?
Yes, and that is often the most important issue in the case. Section 38.04 applies only when the officer is attempting lawfully to arrest or detain the person. An officer generally needs reasonable suspicion that the person is involved in criminal activity to detain them, or probable cause to arrest. Officers clearing a crowded street may give lawful orders under Texas’s obstruction and disorderly conduct laws, but if a court finds there was no legal basis to detain a particular person, an evading charge can fail. Defense lawyers in Collin County and Brazos County routinely examine body camera footage to determine exactly what the officer knew and said before the person moved away.
When Can Texas Police Use a Taser?
Texas Penal Code Section 9.51 allows a peace officer to use reasonable force when the officer reasonably believes it is immediately necessary to make or assist in making an arrest or search, or to prevent escape after arrest, as long as the arrest or search is lawful or the officer reasonably believes it is. Tasers and similar devices are generally treated as less-lethal force, and individual departments set their own policies on when they may be used. Whether force was reasonable does not decide whether the person committed a crime, but excessive force can support a civil rights claim and may affect how a jury views the case.
What If Someone Else Interferes With the Officer?
Friends, bodyguards, or bystanders who step in can face their own charges. Interfering with a peace officer performing a duty is a Class B misdemeanor under Texas Penal Code Section 38.15, and more serious charges may follow if physical contact occurs. Because these cases often unfold quickly in crowds, video from phones, bars, and police cameras frequently becomes the key evidence for every person involved.
Can an Evading Arrest Charge Be Dismissed or Reduced?
Often, yes. Evading on foot cases are frequently resolved through dismissals when the lawfulness of the detention is in doubt, through pretrial diversion for people with little or no criminal history, or through reductions to lesser offenses. A dismissal may open the door to an expunction, which can clear the arrest from public records. Because a conviction can carry long-term consequences for jobs, travel, and professional licenses, early review of the video and police reports matters.
How L&L Law Group Can Help
L & L Law Group, PLLC defends clients in Frisco, Collin County, and throughout the Dallas-Fort Worth area facing evading arrest, interference, and other charges arising from encounters with police. Our attorneys obtain and analyze body camera and bystander video, challenge unlawful detentions, and pursue dismissal, diversion, and expunction when the facts support it. If you or someone you know has been arrested after a confrontation with police, contact L & L Law Group for a confidential consultation.
Is walking away from police a crime in Texas? Not always. Walking away from a consensual encounter is generally lawful, but intentionally fleeing a lawful detention or arrest can be charged under Section 38.04.
Is evading arrest on foot a felony in Texas? Usually not. It is generally a Class A misdemeanor, but it can become a state jail felony with a prior evading conviction, and fleeing in a vehicle is a felony.
Will body camera video help my case? Often. Video can show whether the officer had a legal basis to detain you and whether commands were clear, which are central issues in evading cases.
Reporting this commentary is based on:
KBTX — Social media influencer and his security guard arrested at Northgate
Complex — BenDaDonnn tased and arrested outside Texas A&M Northgate