Formal complaint: De-escalation of potential force encounters and other policy violations

OF
DEAL
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0261
June 17, 2021
Complaint: The Office of Police Oversight received an online complaint alleging the following:
"On
at about
, I,
, was at the top of
and the
watching people peacefully protesting. Suddenly, I saw the police shoot
my deaf friend under the bridge for no reason that I could see. I ran beside the traffic light
and stood trying to tell them to stop shooting in sign language, and they started shooting at
me for no reason. I was actually hit 12 times, but if you watch the video, 40-50 shots were
fired at me. The first hit my ear, then my penis. Then I was hit several times on the rest of
my body. One shot left a deep bullet hole in my arm. I was defenseless and did not provoke
nor incite any violence. Luckily, several good, peaceful, protesters ran to help me and
shield them from shooting at me. I had to cover my hands on my eyes because of my
deafness. I still cannot walk or run properly one month later, and have had to deal with the
bullet wound being inflamed and infected. I'm still bruised with knots on my body one
month later. If they would have yelled or tried to warn about anything verbally, I couldn't
hear because I am deaf. But I believe they knew that because I had been in the area all
evening and many had seen me and my friends signing, and that we were completely
peaceful. Not only that, Austin Police Department should be aware that Austin is very well
known for deaf and blind community. Yet they used rubber bullet guns shooting in the
crowd. That is excessive force, period."
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):
105 PURPOSE AND SCOPE - COMMUNITY POLICING
The purpose of this general order is to identify the tenets of Community Policing, which serves
as the basis for this Department's mission and guiding principles. Community Policing is beyond
a philosophy, it is a practice. The Austin Police Department is committed to Community Policing
which strives to build mutual respect, collaborative partnerships, fair and impartial policing, and
procedurally just behavior with the community that we serve. The Department's goal is to have an
understanding of the traditions, culture, and history of the neighborhoods in which they serve in
order to develop proactive solutions to problems and increase overall trust in policing. Likewise,
the Department is required to provide information and training to the community SO community
members gain an understanding of police practices and procedures, as well as an understanding of
the traditions and culture of law enforcement.
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
ALUSTA
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
200.2 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.
Nothing in this de-escalation policy requires an officer to place themselves in harm's way to
attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers
may need to abandon de-escalation efforts after they have commenced. Understanding that no
policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable de-escalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific officer
training that addresses de-escalation.
200.2.1 ASSESSENT 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.
200.3 RESPONSE TO RESISTANCE
While the type and extent of force may vary, it is the policy of this department that officers use
only that amount of objectively reasonable force which appears necessary under the circumstances
to successfully accomplish the legitimate law enforcement purpose in accordance with this order.
200.3.1 DETERMINING THE OBJECTIVE REASONABLENESS OF FORCE
Any interpretation of objective reasonableness about the amount of force that reasonably appears
to be necessary in a particular situation must allow for the fact that police officers are often forced
to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving, and
the amount of time available to evaluate and respond to changing circumstances may influence
their decisions. The question is whether the officer's actions are "objectively reasonable" in light
of the facts and circumstances confronting him.
206.4 CHEMICAL AGENT GUIDELINES
Chemical agents are devices used to minimize the potential for injury to employees, offenders,
or other subjects. They should be used only in situations where such force reasonably appears
necessary.
206.4.3 TREATMENT FOR CHEMICAL AGENT EXPOSURE
Subjects who have been affected by the use of chemical agents should be afforded means of
cleansing the affected areas as soon as practicable. Those subjects who complain of further
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
LOSTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
severe effects shall be afforded a medical examination by competent medical personnel.
206.5.5 SHOT PLACEMENT AND DEPLOYMENT DISTANCES
Officers should generally follow their training instructions regarding minimum deployment
distances and target areas. The need to immediately incapacitate the subject must be weighed
against the risk of causing serious injury or death.
The head and neck should not be intentionally targeted, however any target area or distance may
be considered when it reasonably appears necessary to accomplish immediate incapacitation in
order to prevent serious injury or death to officers or others.
300.3 CROWDS, EVENTS AND GATHERINGS
Officers may encounter gatherings of people, including but not limited to, civil demonstrations,
civic, social and business events, public displays, parades and sporting events. Officers should
monitor such events as time permits in an effort to keep the peace and protect the safety and rights
of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable
that such an event may require increased monitoring, contact or intervention.
Officers responding to an event or gathering that warrants law enforcement involvement should
carefully balance the speech and association rights of those present with applicable public safety
concerns before taking enforcement action. Officers are encouraged to contact organizers or
responsible persons to seek voluntary compliance that may address relevant public safety/order
concerns.
Officers should consider enforcement of applicable state and local laws, such as Tex. Penal Code
§ 42.03 (Obstructing Highway or Other Passageway), when the activity blocks the entrance or
egress of a facility or location and when voluntary compliance with the law is not achieved.
301.1 PURPOSE AND SCOPE - RESPONSIBILITY TO THE COMMUNITY
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
NOTICE OF FORMAL COMPLAINT
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner.
In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees
shall act professionally, treat all persons fairly and equally, and strive to interact with the
community in a positive manner. Employees will perform all duties objectively and without regard
to personal feelings, animosities, friendships, financial status, occupation or employment status,
sex, disability status, housing status, mental health or ability, citizenship, language, national origin,
creed, color, race, religion, age, political beliefs, sexual orientation, gender identity, gender
expression, ethnicity, or social or ethnic background. Employees will endeavor to understand and
respect cultural, national, racial, religious, physical, mental, and other differences.
301.3 CUSTOMER SERVICE AND COMMUNITY RELATIONS
APD constantly works to establish direct contacts with the community we serve. Without
grassroots community support, successful enforcement of many laws may be difficult, if not
impossible. Community involvement can be an effective means of eliciting public support, can
serve to identify problems in the making, and may foster cooperative efforts in resolving
community issues. Input from the community can also help ensure that agency general orders
accurately reflect the needs of the community.
302.1 PURPOSE AND SCOPE - PUBLIC RECORDING OF OFFICIAL ACTS
The Austin Police Department recognizes that members of the general public have a First
Amendment right to video record. photograph, and/or audio record APD officers while they are
conducting official business or while acting in an official capacity in any public space, unless such
recordings interfere with police activity.
326.1 PURPOSE AND SCOPE - NEWS AND MEDIA RELATIONS
The purpose of this order is to seek a balance between permitting the free flow of information to
the public and the media while protecting both the prosecution's case and the rights of the accused
from possible prejudicial publicity. Public information and positive media relations are an integral
part of the operation of any public service agency and APD is no exception. Most citizens have
little contact with law enforcement and their opinions of the police are often formed by our
Department's portrayal in the media. The release of public information and maintenance of good
media relations is a crucial element of APD's mission. Employees must maintain a good rapport
with the public and the media and deal with them in a courteous manner. The media has a
legitimate function in our society and the public trust of the police can be enhanced through media
relations.
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
GIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
APD is committed to informing the community and members of the news media of events that are
handled by, or involve, the Department. Employees will cooperate fully in meeting the relevant
information needs of the public and the news media. Every reasonable effort should be made to
obtain requested information, SO long as the release of that information conforms to federal and
state laws, and follows established Department guidelines.
328.1 PURPOSE AND SCOPE - RACIAL OR BIAS-BASED PROFILING
This order provides guidance to department members and establishes appropriate controls to
ensure that members of the Austin Police Department do not engage in racial or bias-based
profiling or violate any related laws while serving the community.
328.2 POLICY - RACIAL OR BIAS-BASED PROFILING
The Department strives to provide law enforcement services to our diverse community while
respecting the racial, cultural, or other differences of those we serve. It is the policy and practice
of the Department to provide law enforcement services and to enforce the law equally, fairly, and
without discrimination toward any individual or group.
Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural
group, disability, or affiliation with any other similar identifiable group shall not be used as the
basis for providing differing levels of law enforcement service or the enforcement of the law.
While the practice of racial or bias-based profiling is strictly prohibited, it is recognized that race
or cultural differences may be legitimately considered by an officer in combination with other
legitimate factors; to establish reasonable suspicion or probable cause (e.g., subject description
is limited to a specific race or group), to establish relevant elements of a crime (e.g. exploitation
of an elderly or disabled individual), or to gather evidence relevant to enhanced punishment due
to offenses committed because of bias or prejudice.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty or off-duty may reflect directly upon the Department,
employees must conduct themselves at all times in a manner which does not bring reproach,
discredit, or embarrassment to the Department or to the City.
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
AUSTIN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an A 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.