Club releases video after being called a 'habitual criminal property'

A recent murder and other crimes near a northwest Dallas nightclub have some city leaders concerned. But the XTC Cabaret says it’s being unfairly targeted by the city.

Last week, XTC Cabaret received a letter from the city of Dallas saying the club has been preliminarily identified as a habitual criminal property based on half a dozen crimes over the past 12 months.

One of those crimes was the first murder in Dallas in 2019. Two security guards were arrested and charged with murder for shooting a man as he tried to drive off.

Club owners released surveillance video of the high-profile New Year’s Eve incident trying to show it did not happen on their property. It was in a parking lot that’s adjacent to the club’s parking lot.

The video shows several people fighting and one person is knocked to the ground and appears to be unconscious. As a man in a white truck backs up, someone drags the unconscious person out of the way.

Security guards can be seen running to the scene. An arrest affidavit said the driver refused to follow the guards’ commands to stop and when one guard was hit by the front bumper both guards fired multiple rounds into the truck.

They continued firing as the truck drove away and ultimately crashed. The driver was pronounced dead at the scene.

“Not only did the incident not happen on the club property but the individuals involved and charged weren’t hired or paid by the club,” said attorney Toby Shook, who represents XTC Cabaret in the matter.

Shook said the incident didn’t happen on the club’s property and the people involved never went on the club’s property.

“It’s unfair to charge or hold someone accountable for something that happened on private property belonging to another individual,” he said.

In the city’s notice to the club, the Dallas Police Department listed five other criminal incidents that happened over the past year at the club’s address including two robberies, a shooting, criminal mischief and the unlawful possession of a firearm.

“They want a safe environment. None of these incidents that the city alleges occurred inside the club,” Shook said.

In the past, Shook said the club has tried to hire off-duty Dallas police officers to work outside.

“They would love to contract Dallas police officers who are highly trained to work security in the parking lot. But they are prohibited by city policy from working that particular club,” he said.

The XTC Cabaret owners are set to meet with city officials on Jan. 30 to make a final determination on the property.

If it is deemed to be a “habitual criminal property,” the club will have to display placards making the public aware of the designation and pay an annual $5,000 fee to the city.

The Dallas Police Department responded to questions about the letter it sent to XTC Cabaret by saying it cannot discuss specifics during the review of the club.