A 24-year-old Nacogdoches man was arrested and charged with assault of a public servant after he tried to kick, bite, and head-butt the NPD officers that were trying to take him into custody after he was allegedly found intoxicated at a convenience store Friday night.
Dajewon Antwan Garner is still being held in the Nacogdoches County Jail on a third-degree felony assault of a public servant charge, a state-jail felony theft less than $2,5000 with two or more previous convictions charge, a Class A misdemeanor resisting arrest charge, a Class B misdemeanor possession of marijuana less than 2 ounces charge, and a Class C misdemeanor public intoxication charge.
Collectively, Garner's Bond amount was set at $58,000.
According to the arrest affidavit, Nacogdoches PD officers responded to a theft call at a convenience store in the 900 block of West Main Street late in the evening of April 20. The NPD officers were told that a black man wearing a dark-colored shirt and blue jeans stole a bottle of wine and ran out of the store.
The NPD officers found another man in the store that they knew to be a friend of the person who fled, the affidavit stated.
When the Nacogdoches PD officers spoke to the man, who was later identified as Garner, they noticed the smell of alcohol on his person, the affidavit stated. Garner also allegedly exhibited slurred speech and trouble keeping his balance.
The NPD officers then took Garner outside and administered a field sobriety test, and they determined that he was intoxicated to the point that he "was a danger to himself and others," the affidavit stated.
After the NPD officers put Garner in handcuffs, he became extremely agitated and started yelling at them, the affidavit stated. He also allegedly tried to pull away from them as they attempted to search him.
The pat-down search turned up a clear plastic bag of a green, leafy substance believed to be marijuana in Garner's right front pocket, the affidavit stated. When the NPD officers asked Garner about it, he allegedly said it was "his friend's weed."
In addition, the Nacogdoches PD officers found a bag of M&Ms candy in his left sock, the affidavit stated.
According to the affidavit, Garner started getting more and more agitated, and he refused to get in the backseat of one of the Nacogdoches PD patrol units. One of the NPD officers then forcefully pulled him into the vehicle.
Garner allegedly started kicking at the officers and kept doing so until they put leg restraints on him. Later, he "changed tactics" and started trying to bite the NPD officers, the affidavit stated.
Eventually, the officers were able to belt Garner into the patrol unit and close the door. At one point, the NPD officers opened the door to check on Garner, and by then, he had unfastened the seatbelt, the affidavit stated. Garner then allegedly moved his legs into the door jam in an attempt to keep the officers from closing the door.
During the trip to the county jail, Garner screamed obscenities and banged his head on the cage, the affidavit stated. He also allegedly got out of his seatbelt again, laid down, and started chewing on the door handle.
At the jail, Garner attempted to head-butt the NPD officer that was trying to release his leg restraints, the affidavit stated. Garner was carried from the Nacogdoches PD patrol unit and put in the restraint chair provided by jail staff.
Because Garner had previous theft convictions, the theft charge for trying to steal the bag of M&Ms candy was upgraded to a state-jail felony, the affidavit stated.