Kilgore News Herald
KILGORE, Texas — Accused of threatening local emergency personnel with an assault rifle, Kenny Wayne Davlin has been in Rusk County Jail since Aug. 24 — Kilgore Assistant Fire Chief Mike Simmons hopes to he’ll stay there or, if released on bond, under watchful eyes.
Incarcerated on $500,000 bond, a grand jury indicted the 39-year-old Peach Street resident on Oct. 6 for Aggravated Assault Against a Public Servant, a first-degree felony.
The official in question — Kilgore Fire Marshal Brandon Bigos.
Bigos — was, according to standard operating procedure, placed on administrative leave after he shot Davlin in the left shoulder during the incident. He returned to duty Oct. 6.
Awaiting Davlin’s trial, “I petitioned through the DA to request a bond hearing for us. We’re supposed to be able to speak and ask for restrictions,” Simmons said Thursday. Increased bond, for example, and an ankle monitoring device would be a comfort, he explained, as there’s no known motive for Davlin’s alleged altercation with firefighters Aug. 23: “He hasn’t spoken any reason behind it, so we’re still in the dark on that one.”
According to the indictment and Det. Trae Portwood’s supporting complaint, Davlin threatened Bigos with an AR-15 in the early hours of Aug. 23 as the fire marshal was investigating a fire across the street from the man’s 1511 Peach St. home.
Bigos wasn’t the only person on the scene — though Kilgore police officers had just departed Peach Street, numerous firefighters and rescue unit personnel were still wrapping things up after battling the blaze they’d tackled shortly after 1 a.m.
It was Davlin, a State Fire Marshal’s Office investigator notes, who reported the fire.
Investigator Paul Steelman is still at work in the active investigation, but his preliminary report — provided to the News Herald by the Texas Department of Insurance Thursday — notes Davlin discovered and reported the fire at 1:04 a.m. that Saturday morning.
The Texas Rangers are also involved the joint investigation by Steelman and KPD.
With the flames under control, as Bigos inspected the scene he saw the suspect struggling with his wife, Sarah, in the driveway of their residence, Portwood noted in his complaint. Both the fire marshal and Simmons reported the man was holding a handgun before his wife wrested it away and fled into the house.
From Simmons’ statement, Bigos tried to detain Davlin but the man pulled away and entered the home.
Davlin “was saying something about getting a weapon,” Portwood wrote. “Simmons advised Bigos and he retreated to the South side of the driveway to take cover near fire vehicles and called for Police to respond to the location.
“Simmons said suspected party then exited the residence with an AR-15 style rifle and pointed the rifle in the direction of Simmons, Bigos and the other Firefighters on scene. Simmons said Bigos then fired ‘multiple rounds’ from his sidearm and suspected party was struck one time in the upper torso.”
In fact, Simmons said Thursday, about 15 people were on the scene — between KFD, Kilgore Rescue Unit Sabine Volunteer Fire Department personnel, besides Davlin’s wife and child — when Bigos took action.
“They credited him with saving a lot of lives,” Simmons said.
A hearing for Davlin is set for 10:30 a.m. Monday, Nov. 10, before District Judge Clay Gossett.
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