Eloy Leal

CUSTODIAL DEATH REPORT Agency Information ORIGINAL CDR Number: 23-1377-UF Version Type: VERSION 10/18/2023 9:44 Report Date: Status: Submitted AM Agency/Facility Information Comanche Police Agency Name: Agency Address: 110 E. Grand Ave. Dept. Agency City: Comanche Agency State: TX Agency Zip: 76442 Director Information Director Salutation: Chief Director First Name: Kelly Director Middle Name: Director Last Name: Davis Reporter Name: Kelly Davis Reporter Email: [email protected] Decedent Information Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- Identity of Deceased First Name: Eloy Middle Name: Last Name: Leal Suffix: Date of Birth: 7/31/1973 Sex: Male Race: Hispanic or Latino Age At Time Of Death: 50 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 10/14/2023 11:16 Incident: PM Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): 10/15/2023 3:00 Death Date and Time: AM Manner / Cause of Death Has a medical examiner or coroner conducted an evaluation to determine a cause of death? Medical Examiner/Coroner Yes, results are Evaluation?: available What was the manner of death? (select only one) Homicide (includes Custodial Death Report :: Page 2 of 7 --- PAGE BREAK --- Manner of Death: Justifiable Homicide) Medical Cause of Death: Medical Cause of Death: Multiple gunshot wounds Had the decedent been receiving treatment for the medical condition that caused the death after admission to your jail's jurisdiction? Medical Treatment: No If death was an accident, homicide or suicide, who caused the death? Law Who caused the death?: enforcement/correctional personnel If a weapon caused the death, what type of weapon caused the death? (Hold CTRL to select all that apply) Type of weapon that caused Handgun; death?: Rifle/shotgun Was the cause of death the result of a pre-existing medical condition or did the decedent develop the condition after admission? Not Applicable; cause of death was Pre existing medical accidental injury, condition?: intoxication, suicide or homicide If death was an accident, homicide or suicide, what was the means of death? Means of Death: Firearm Custodial Death Report :: Page 3 of 7 --- PAGE BREAK --- Location / Custody Information Where did the event causing the death occur? Street Address: 657 S. Bowie St City: DeLeon County: Comanche Zip: 76442 What location category best describes where the event causing the death occurred? Location Category: Roadway/highway/street/sidewalk What type of custody/facility was the Decedent in at the time of death: Pre-Custodial Use Type of Custody: of Force Specific type of custody/facility: Specific Type of Custody/Facility: Custody of Law Enforcement Personnel during/fleeing arrest What was the time and date of the deceased's entry into the law enforcement facility where the death occurred (mm/dd/yyyy hh:mm AM/PM): Entry Date Time: Entry Date Time N/A: Where did the death occur? Death Location: Scene of incident Custodial Death Report :: Page 4 of 7 --- PAGE BREAK --- General Information Did any other law enforcement agencies respond to calls for service related to this incident? Other Agencies Respond?: Yes What were the most serious offense(s) with which the deceased was (or would have been) charged with at the time of death? Offense 1: Burglary of Habitation Texas Penal Code 30.02 (d) (2) Offense 2: Offense 3: Not filed at time of Were the Charges:: death What were the types of charges or reason for contact? (Hold CTRL to select all that apply) Violent Crime Type of Offense: Against Persons At any time during the incident and/or entry into the law enforcement facility, did the decedent display or use a weapon? Decedent display/use of Yes, mark all that weapons: apply Decedent Display or Use Displayed other Weapon Details: weapon, specify: Specify Weapon Displayed: Large Bowie style knife Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- At any time during the incident and/or entry into the law enforcement facility, did the decedent: Yes (select all that Attempt to Injure Others?: apply) Attempted to injure law enforcement Ways Decedent Attempted To personnel; Injured Injure Others: civilian(s) or other inmate(s) At any time during the incident and/or entry into the law enforcement facility, did the decedent: Appear intoxicated (alcohol or Yes Make suicidal statements?: Yes drugs): Exhibit any mental health No Exhibit any medical problems?: No problems?: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Barricade self or initiate Resist being handcuffed or Yes Yes standoff?: arrested?: Physically attempt/assault Gain possession of officer's Yes No officer(s): weapon: Verbally threaten other(s) Escape or attempt to Yes No including law: escape/flee custody: Attempt gain possession No officer's weapon: Was the deceased under restraint in the time leading up to the death or the events causing the death? Under Restraint: No Summary of Incident Summary of How the Death Occurred: (max. 30,000 characters) Summary: Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- On Saturday, October 14, 2023, at approximately 11:16 PM Officer Cooper Hall (Comanche Police Department) responded to assist DeLeon Police Officer Daily on a disturbance in progress with a stabbing victim at 657 S. Bowie St. DeLeon Texas. Upon arrival at the scene, Officers Cooper and Daily contacted a male subject armed with a large knife in front of 657 S. Bowie St. DeLeon St. This subject was later identified as the deceased, Eloy Leal. Mr. Leal was highly agitated and waving the large knife erratically. Officers attempted to make contact with Mr. Leal and he refused to follow commands by the officers. In an attempt to de-escalate the situation both Officer Cooper and Daily spoke to Mr. Leal asking him to drop the knife and telling him they did not want to harm him. During this discussion, Mr. Leal stepped into the roadway in front of 657 S. Bowie St. Mr. Leal became more agitated and did not respond to de-escalation tactics used by the officers. Mr. Leal charged toward Officers Cooper and Daily at which time both officers fired their weapons striking Mr. Leal approximately 9 times. The Texas Rangers were notified and Texas Ranger Josh Burson responded to the location to conduct a criminal investigation of this incident. The Comanche Police Department initiated an internal review of this investigation. Custodial Death Report :: Page 7 of 7