Formal complaint: Arrest requirement for assaultive offenses

OF
DEAL
ADUPTION
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1060
December 3, 2021
Complaint: The complainant alleges:
"My name is
I had a severe case of choking/impeding breath committed against me
by
I had horrible fingernail cuts, literally rips down the side of my neck
bleeding. The wounds are still bleeding 30 days later from the infection. Also he sicked his red
more(?) pit bull on me while he was attacking me. There should be plenty of available video from
the
and
there at
at
probably has videos of this attack also.
This happened around the
but not 100% sure of the date. A female officer was there
and think her name was
also two other officers. I'm sure she made a report on this.
Another officer showed up and was the one who would do nothing.
I need a detective or someone from internal affairs to come by here, preferable internal affairs
because this could by tied to another incident. There should be excellent video here at
of my wounds. When you see them think you will be appalled! Tried filing charges here but
Deputy/Jailer said they could not do it here and must contact you this way. Please HELP Me!! I
think you will agree my wounds are as bad as any you have ever seen. Do not know what I can
add at this point SO hope to hear from you soon.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service Rules, and
Municipal Civil Service Rules.
Recommended Administrative Policies to Review (to include but not limited to):
418.2.1 ARREST REQUIREMENT FOR ASSAULTIVE OFFENSES
(a) Officers are required to make an arrest for incidents involving family violence when:
1. An assault has occurred that resulted in a minimum of bodily injury or complaint of
pain; or where an officer can articulate facts from which a reasonable person could infer
that the victim would have felt pain due to:
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.
OF
CITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
(a) The manner in which the suspect made contact with the victim, or
(b) the nature of observable physical marks on the suspect's body allegedly caused
by the suspect's contact with the victim, and
2. The suspect is still on-scene; and
3. The assault meets the definition of "family violence" or "dating violence."
(b) If both parties have been assaulted, officers shall make reasonable efforts to identify the
primary aggressor. Arrests of both parties should be avoided unless warranted.
1. If officers at the scene cannot determine the primary aggressor, an on-duty supervisor
shall be contacted to make the determination.
2. If the on-duty supervisor cannot determine the primary aggressor and there is adequate
and articulable probable cause to believe that each person contributed to the violence,
supervisors may authorize officers to make multiple arrests.
(a) Officers shall write probable cause affidavits for each of the arrests and direct
file the charges.
(b) The name of the supervisor authorizing a multiple arrest situation shall be
included in the incident report.
(c) Officers shall not use mediation at the scene as a substitute for appropriate reporting and
enforcement action when physical violence has taken place.
(d) Officers shall arrest for assault by threat or assault by contact if no physical violence has
occurred that resulted in bodily injury, but circumstances reasonably show that further violence
is likely to happen. Supervisor approval is required when the arrest is made from inside a
residence.
(e) Supervisors may authorize an exception to an arrest if there are articulable facts that lead a
reasonable person to believe the alleged suspect was acting in self-defense. The facts leading to
the decision for an exception shall be fully documented in the incident report, along with the
name of the supervisor approving the exception.
(f) In felony incidents involving family violence the on-call investigator from the Domestic
Violence Unit shall be contacted by a supervisor when:
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.
OF
GIVE
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
(a) Serious or life-threatening injuries are sustained, regardless of whether an arrest is
made; or
(b) A crime scene is complex and may require a response and/or the assistance of a unit
detective (ex. search warrant, high profile cases, etc.).
Notification simply due to a felony offense occurring or a felony arrest being made is not
required. Should an officer or supervisor determine or feel that a notification to the Domestic
Violence Unit in these situations is necessary, such notification should be made via email at
family.violence@austintexas.gov.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive a B classification.
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.