Formal complaint: Crash investigation and reporting
Complainant alleges that officers did not follow procedure in response to a car crash investigation. Office of Police Oversight recommend this allegation receive a B classification.
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GINE
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS: 2019-0460
Date of Complaint: May 6, 2019
Complaint: [Redacted], complainant, stated she was in the Office of Police Oversight to file a
formal complaint regarding an incident that occurred on [Redacted]. Complainant stated she was
in a crash at 7 pm in the [Redacted] and called 911; EMS was dispatched and once they arrived,
"they" (she and her passenger) were transported to the Emergency Room. Complainant stated the
man who was driving the vehicle that hit her, did not leave the scene but pulled over to the side
just as she did and she and her passenger were transported and they waited at the hospital from
approximately 7:30pm to 11pm for police while being treated. Complainant stated she was told
the police would get a statement from the other driver at the scene and then they would come to
the hospital and this never happened.
Complainant stated she called 911 before leaving the hospital and Officer [Redacted], was sent to
the hospital and when Officer [Redacted] arrived he stated he didn't know what was going on and
it was probably assigned to someone else and he left to go check. She stated she saw two other
officers parked in front of the hospital and told them what happened and she was given information
to contact Austex Towing. Complainant stated when she contacted them she was told her vehicle
was not picked up by them. Complainant stated she left the hospital and received a call from
Officer [Redacted] who told her that Officer [Redacted] was assigned to that crash and that her
vehicle was not picked up but still at the scene of the crash. She stated she returned to the scene of
the incident and her car was there with the trunk open, the key was in it, and her work and personal
items were still in the trunk. Complainant stated her car was never towed from the scene of the
crash and she met two other officers there who took the crash report and the report does not have
the other driver's information.
Additional information: Recorded statement from complainant,
Administrative Policy to Review:
346 CRASH INVESTIGATION AND REPORTING
346.3 CRASH INVESTIGATION
During crash investigations, officers should:
(a) Identify and interview drivers and occupants.
(b) Identify and interview any witnesses.
1. Request all witnesses remain at the scene to speak with the Vehicular Homicide Unit, if
applicable.
(c) Provide the drivers involved with a Driver / Insurance Information Form (PD0023
/ "Brown Form") to exchange information. Officers will ensure the forms are
completely filled out with the correct information before the drivers exchange the forms.
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
CUSTOM
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
(d) Determine if any traffic violation(s) or crime(s) have occurred and take
appropriate enforcement action.
(e) Identify and protect items of apparent evidentiary value.
Ensure property belonging to a crash victim is protected from theft or damage and
removed to a place of safekeeping. Protection of the property may consist of securing the
property in a vehicle, releasing it to a third party, or turning it into the property room for
safekeeping.
(f) Notify the dispatcher of any damage to the roadway, signs, or utilities.
(g) Document the incident as necessary (e.g., insurance information,
statements, measurements, photographs, collection of evidence and reporting) on
appropriate report forms.
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.