Formal Complaint: Assessment and de-escalation, Reporting the active targeting of a firearm at a person, and other policy violations

OF
DATA
TURN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0162
March 15, 2021
Complaint: Complainant alleges: My son
was walking his dog like he does
every day at approximately
this evening directly in front of his residence
As he was walking down the sidewalk, he noticed two or three police cars behind him that
seemed to be slowly trailing him.
had just seen a couple skate boarders pass him and he
thought the policemen were possibly surveilling them. Just a second or two later he heard one of
the police cars revving up the engine on their car and the car came speeding up to him and the
officer jumped out with his gun drawn, screaming at
to get on the ground. Of course
complied, while trying to control his Australian Shepherd.
The officer held his gun on
the entire time and after a few moments got
off the ground
and searched him for a weapon. Of course there was no weapon on him.
Supposedly someone had called in to report that there was someone in the area pointing a gun at
people and the officer stated that
matched the description of the perpetrator. Except, the
perpetrator reportedly had on a blue baseball cap-
had on a grey/red/blue beanie and the
perpetrator had on a brown jacket-
had on a green jacket. The perpetrator wasn't walking a
dog-
was. This was info the officer shared with
After the officer let
get up and
go on his way, one of the apartment employees who supposedly saw the perpetrator point the
gun at people came out to
and told him he witnessed what happened and that
didn't
come closing to matching the description of the person and that they had also told the Austin
police which direction and street the person was on and
wasn't anywhere near that spot.
Interestingly enough,
asked the officer if he was safe to continue his walk with his dog and
the officer stated, "yessir, you should be just fine," Seriously? They threw my son on the ground
while holding a pistol in his face because there was a dangerous person in the neighborhood but
then tell
that there are no safety concerns. That's unacceptable. Seems like if there was
someone with a gun in the area, they should have escorted
up to his apartment to ensure his
safety.
Moreover, the officer didn't apologize for the misunderstanding and what could have been a
deadly situation. He basically told
to go on about his business.
My son has never once been in trouble. He is the most compliant, respectful person that one
would ever meet. My family has always supported police officers and I personally came to the
aid of a Houston policeman years ago who was in a dangerous situation. My family and I will
continue to support the police but this was uncalled for. This is how innocent people get killed.
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
GINT
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
This notice of. formal complaint is a request for Internal Affairs to initiate an investigation in
order 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.
402.5 REPORTING THE ACTIVE TARGETING OF A FIREARM AT A PERSON
By the nature of their duties, officers may be required by general orders and training to point
their firearm, including impact munitions, and actively target at a person. This section does not
create an additional requirement for officers to initiate an incident report; however, officers that
actively target their firearm at a person shall properly document the incident as outlined below.
402.5.1 OFFICER RESPONSIBILITIES
(a) Employees shall immediately notify and brief their supervisor. If their supervisor is
unavailable, another field supervisor shall be notified.
(b) Employees shall adhere to the following documentation guidelines:
1. FO Card or Electronic Street Check
(a) When a report is not otherwise required for the incident, complete an FO card or
electronic street check to document that a firearm was actively targeted at a person and
the details of the incident.
2. Reports and Supplements
(a) Add a study notation to the report to document that a firearm was actively targeted at a
person or notify their supervisor the notation needs to be added.
(b) Document the details of the incident in the narrative of an incident report or
supplement.
402.5.2 SUPERVISOR RESPONSIBILITIES
(a) Supervisors shall review the employee's incident report, supplement, FO card or electronic
street check when notified of an incident involving an officer actively targeting a firearm at a
person. Incomplete or inadequate documentation shall be returned for correction.
(b) Supervisors will forward a memorandum up the chain-of-command if a safety, general order,
training, equipment, tactical, or other specific issue is identified.
(c) Supervisors shall adhere to the following documentation guidelines:
1. FO Card
(a) Legibly sign the FO Card with the supervisors name and employee number that
reviewed the incident.
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
A
GIVE
CUSTOMER
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
2. Electronic Street Check
(a) Add a supplement using the electronic street check incident number to document that
the employee made a supervisor notification and the incident was reviewed.
3. Reports and Supplements
(a) Add a study notation, if not already added, to document that an officer's firearm was
actively targeted at a person.
(b) Add a case note to the incident report to document that the employee made a supervisor
notification and the incident was reviewed.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive a B classification.
The of Austin is committed to compliance with the American Disabilities Act