Formal complaint: Deadly force applications
Complainant alleges that officers used deadly force and torture in the wrongful death of an individual. Office of Police Oversight recommend this allegation receive a D classification.
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AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
FOUNDED
COMPLAINT
April 30, 2019
ICMS: 2019-0208
Date of Complaint: March 1, 2019
Complaint:
The Office of Police Oversight received a complaint from [Redacted] via USPS
Certified Mail on March 1, 2019 in the form of a notarized document against Austin Police
Department Officers:
Officer [Redacted]
Officer [Redacted]
Alleging Austin Police Department Officers [Redacted]
and Officer [Redacted] used deadly force and torture in the Wrongful Death.
Additional Information:
Signed and notarized complaint
Audio (Telephone) Recordings
Administrative Policy to Review:
General Order 200 Response to Resistance
200.4 DEADLY FORCE APPLICATIONS
An officer has no duty to retreat and is only justified in using deadly force against another when
and to the extent the officer reasonably believes the deadly force is immediately necessary to
(Tex. Penal Code § 9.51(c) and (e)):
(a)
Protect himself or others from what he reasonably believes would be an imminent threat
of death or serious bodily injury.
(b)
Make an arrest or to prevent escape after arrest when the officer has probable cause to
believe that:
1.
The subject has committed or intends to commit an offense involving the infliction
or threatened infliction of serious bodily injury or death; or
2.
The officer reasonably believes that there is an imminent or potential risk of
serious bodily injury or death to any other person if the subject is not immediately
apprehended.
OF
CLASS
AUTHOR
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
FOUNDED 1339
COMPLAINT
The OPO is permitted to make a preliminary recommendation on the classification of administrative
cases.
The OPO recommends that this allegation receive a D classification.