Formal complaint: Assessment and de-escalation, Purpose and Scope, General guidelines, and other policy violations

OF
CITY
CURRENT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0971
October 4, 2021
Complaint: Complainant alleges two units arrived to the building to the right of building 5. Two
male officers came from car
one had a beard, no mask, and a crew cut; the other wore a
mask, gloves, and baseball cap. The complainant allegedly heard hollering and saw a woman
come downstairs then allegedly saw the officers punching the woman in the face a couple of
times and then hit her in her body. They allegedly tackled the woman to the floor. The female
officer on scene allegedly didn"t turn on her camera until the woman was on the ground. The
woman was Black, the police officers white. The woman was screaming for her medicine, they
allegedly did not get her medicine. They had to call an ambulance and allegedly the woman left
in an ambulance with bruises. The complainant alleges the woman was not aggressive when she
came down the stairs. The complainant thinks the woman was "MHMR" and needed an
"MHMR" officer. Complainant would like to be a witness for the woman.
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):
200.2.1 ASSESSMENT AND DE-ESCALATION
As officers arrive on the scene, observe conditions, and interact with the persons there, they
should continue to gather additional relevant information and facts. These assessments, along
with reasonable inferences help to develop an understanding of the totality of the circumstances
of the incident.
301.1 PURPOSE AND SCOPE
All persons deserve protection by fair and impartial law enforcement and should be able to
expect similar police response to their behavior wherever it occurs. Employees will serve the
public through direction, counseling, assistance, and protection of life and property. Employees
will be held accountable for the manner in which they exercise the authority of their office or
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
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
FOUNDED
NOTICE OF FORMAL COMPLAINT
402.1.1 GENERAL GUIDELINES
Officers will not write an offense report when they are the victim of a crime. The victim officer
will write a supplement. The offense report will be written by an officer who is not a victim.
418.3.1 ASSAULT VICTIM STATEMENT
(c) Victims of family violence are to be given the opportunity to complete the AVS and sign it.
1. Victims should be advised that the AVS may be used to file charges.
2. In the event the victim refuses to complete and sign the AVS, the reporting officer shall
complete the form and sign it under the signature refused section with a witness to the
refusal, if possible.
3. The AVS form must be reviewed for completeness by the officer prior to leaving the
scene
900.2 REQUIRED REPORTING OF VIOLATIONS
Employees have an obligation and responsibility to report all facts or credible information they
know regarding any criminal activity by other employees or any breach of APD written
directives.
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.