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No Indictment for Officer in Fatal Shooting of Man: Old East Dallas: Violent Portrayal of Victim Stuns Family, Friends

Posted on: Sunday, 25 June 2006, 12:00 CDT

By Tanya Eiserer, The Dallas Morning News

Jun. 24--A Dallas police officer won't be prosecuted for fatally shooting a drunken, unarmed, shirtless Corinth man over the Memorial Day weekend at an Old East Dallas apartment complex.

A grand jury on Friday declined to indict Officer Michael Tayem, who was off duty when he shot Jason Pabis, a 31-year-old Nokia manager, during a scuffle in a breezeway.

"This guy shouldn't get any closer to security work than being a Wal-Mart greeter," said David Pabis, Mr. Pabis' father.

Officer Tayem's attorney could not be reached. But Officer Tayem, in his statement to investigators, wrote, "I believed that my life was in danger."

Officer Tayem, hired in 2002, remains on administrative leave as an internal investigation continues.

For Mr. Pabis' family and friends, the image of a raging, drunken maniac doesn't jibe with the real Jason Pabis, who was about 5-foot-9 and about 190 pounds. Officer Tayem is about 5-foot-6 and 130 pounds.

"He's never been violent or aggressive," said Preston Hudson, a longtime friend.

Police statements give the following account:

On the morning of May 27, Morten Janum and Mr. Pabis were winding down after a long night of watching the Dallas Mavericks, barhopping and swimming.

Officer Tayem, who worked a second job doing on-call security at the complex where he also lived, was sent to check out a noise complaint.

Officer Tayem, who wasn't on duty for the police at the time, told the men to turn down their music and clean up a mess they'd left around and at the pool.

Mr. Pabis started cursing and told him to leave. Tests later showed Mr. Pabis had a blood alcohol content of roughly four times the legal limit.

Mr. Janum stepped outside, shut the door and told Officer Tayem that his friend had "violent tendencies, and asked if I minded if he cleaned up the mess himself," Officer Tayem wrote.

Mr. Pabis "had problems accepting authority," Mr. Janum's statement said.

Mr. Janum and the officer went downstairs, where Mr. Janum picked up the chairs and left.

Officer Tayem found a maintenance worker and showed him several broken beer bottles that had been left behind. They then encountered Mr. Pabis, the statements to police said.

Mr. Pabis swore at Officer Tayem, who decided to arrest him. Mr. Pabis tried to leave. Officer Tayem blocked him.

Statements say Mr. Pabis then grabbed the officer's arm. Officer Tayem pulled his gun and struck Mr. Pabis' arm with it.

The officer called 911 but got a recording. An operator immediately called back, and Officer Tayem asked for help.

Mr. Pabis tried to leave again. The officer used a police technique to force Mr. Pabis to the ground. "As he got up, he had an enraged look in his eyes," Officer Tayem wrote.

The officer backed away. Officer Tayem pointed his gun at Mr. Pabis.

"He charged toward me with balled fists even with my weapon drawn," the officer wrote.

Officer Tayem shot him, and Mr. Pabis died at the scene.

Officer Tayem's account was backed up by the maintenance worker.

Mr. Janum, who didn't witness the shooting, questioned the officer's actions. "Some really bad judgment calls were made," he said.

Friends and family describe Mr. Pabis, a Memphis, Tenn.-area native, as an adventuresome, athletic, outdoorsy guy who was training for a duathlon, a race that typically involves cycling and running.

"He enjoyed life and enjoyed people," said David Pabis, his father.

Jason Pabis moved to the area about six years ago. He'd worked as a manager at Nokia for about two years. He was active in the Dallas Junior Chamber of Commerce and worked with the blind.

"He was very conscientious, solidly professional," said Donna Neary, his boss for about nine months. "I could see him moving up the career ladder here very quickly."

Ms. Neary said his co-workers can't fathom his death.

"It just didn't seem like the Jason we all knew around here," she said.

E-mail teiserer@dallasnews.com

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Copyright (c) 2006, The Dallas Morning News

Distributed by Knight Ridder/Tribune Business News.

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Source: The Dallas Morning News

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