Formal Complaint: De-Escalation of Potential Force Encounters, Assessment and De-Escalation, Response to Resistance

OF
DATE
AUTHOR
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1609
December 10, 2020
Complaint: An anonymous complaint alleged:
was driving on
with
two passengers in his car. He signaled to turn right into a used car lot, because he noticed he had
a flat tire. Officer
had been driving some distance behind
on
and after he saw
signal to turn right, and then turn right, Officer
then turned on
his police lights and turned in right behind
There was no signal to
until after he
was parked and police lights turned on that there was something wrong. Officer
immediately starts yelling to put hands up and pointing a gun at the car.
got out of the car
after several confusing commands were issued.
follows him,
tases him twice. After the second discharge,
slams
to the ground. During the interaction
punches
him, uses profanity, and pepper sprays him. While down and handcuffed Officer
yells
"I"m going to punch you in your face." He also says "shut up" many times. Profanity is
continually used throughout the interactions. While he is handcuffed and on the ground Officer
arrives and immediately punches
in the face. Another officer comes and
kneels on
head/neck while he"s on the ground.
repeatedly asked why he was
stopped and the officer would not tell him. He was arrested and charged with resisting search or
transport and was held in jail for 13 days before the
Attorney decided to reject the
charges and release him. Several other officers hold the rest of the passengers at gunpoint.
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 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.
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.
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.
CITY OF TERMS
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
POUNDED
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.
200.3.2 USE OF FORCE TO AFFECT A DETENTION, AN ARREST OR TO CONDUCT A
SEARCH
An officer is justified in using reasonable force when the officer reasonably believes the use of
such force is immediately necessary (Tex. Penal Code § 9.51(a)):
(a) To make or assist in a detention or an arrest, or to conduct a search that the officer
reasonably believes is lawful;
(b) To prevent or assist in preventing escape after an arrest, provided the officer
reasonably believes the arrest or search is lawful; or
(c) To make an arrest or conduct a search under a warrant that the officer reasonably
believes is valid.
200.3.3 NOTICE OF AUTHORITY AND IDENTITY
If it is not already reasonably known by the subject to be searched or arrested, or it is not
reasonably impracticable to do so, officers should make clear their intent to arrest or search and
identify themselves as a peace officer before using force (Tex. Penal Code § 9.51(a)(2)).
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
severe effects shall be afforded a medical examination by competent medical personnel.
208.3208.3 VERBAL WARNINGS
A verbal announcement of the intended use of the TASER Device shall precede its application
unless it would otherwise endanger the safety of officers or when it is not practicable due to the
circumstances.
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
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
208.4.1 APPLICATION OF THE TASER DEVICE
Authorized personnel may use the TASER Device when circumstances known to the officer at
the time indicate that such application is objectively reasonable to control a subject in any of the
following circumstances: (a) Apprehend a subject fleeing lawful arrest or detention. (b) A violent
or physically resisting subject. (c) There is reasonable expectation that it will be unsafe for
officers to approach within contact range of the subject. (d) A subject who by words or action
has demonstrated an intention to be violent or to physically resist and who reasonably appears to
present the potential to harm officers, himself, or others. 1. Officers should give a verbal warning
of the intended use of the TASER Device followed by a reasonable opportunity for the subject to
voluntarily comply, when practicable. 2. Officers must be able to articulate their use of the
TASER Device in an incident report.
A
208.4.2 PROHIBITED USES
The following are prohibited uses of the TASER Device:
(d) Against passively resisting subjects.
208.4.4 TARGETING CONSIDERATIONS
While manufacturers generally recommend that reasonable efforts should be made to target
lower center mass and to avoid intentionally targeting the head, neck, chest and groin, it is
recognized that the dynamics of each situation and officer safety may not permit the officer to
limit the application of the TASER Device darts to a precise target area. As such, officers should
take prompt and ongoing care to monitor the condition of the subject if one or more darts strikes
the head, neck, chest or groin until he is released to the care of paramedics or other medical
personnel.
208.5 MEDICAL TREATMENT
Officers will remove TASER Device darts as trained once the subject is in custody. Used
TASER Device darts shall be considered a sharp biohazard, similar to a used hypodermic needle.
Universal precautions should be taken accordingly.
211.4.1 EMPLOYEE REPORTING GUIDELINES FOR ALL FORCE LEVEL INCIDENTS
The following outlines the reporting guidelines for involved employees, employees that witness
an incident and employees designated to assist at the scene of any response to resistance incident.
(b) Supplements shall be completed by:
3. Employees assisting at the scene of a force incident.
211.5 DESIGNATION OF SUPERVISOR TO CONDUCT INQUIRY
The supervisor of the employee involved in the force incident shall typically be the primary
supervisor conducting the force inquiry.
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
STEPHEN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees are expected to act professionally, treat all persons fairly and equally, and perform
all duties impartially, objectively, and equitably without regard to personal feelings, animosities,
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
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 A classification.
1839
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.