Formal complaint: Duty to intercede, De-escalation of potential force encounters, Response to resistance, and other policy violations

OF
STATE
STEPHEN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0862
August 24, 2021
Complaint: The complainant alleges: My name is
I want to formally
file a complaint against
for racial profiling and
excessive and unnecessary use of force. This officer is a menace to the black and brown people of
our community here in
Austin. He is SO well known in the neighborhood that he is called
He is known to be aggressive and if he can get away with it, he will shake down
people and take their property. He is known to conduct business in seedy areas to avoid anyone
witnessing what he's doing. He manages to take the smallest reason to pull you over and escalate
it to the point of physicality. He hides under the guise of "resisting arrest" or "trying to take his
weapon."
On
at approximately
I was driving west bound on
in the right hand lane. As I was passing the
neighborhood I saw a police car
waiting to enter onto
After I passed him, he pulled out from
and proceeded to get
behind me. I put my blinker on and moved over into the left hand turn lane. He followed behind
me and followed me to the stop light at
There was a car in front of me
and the cop was behind me. We waited at the light for about a minute and half. I had all 4 of my
windows down, I had my seatbelt on and there was no amplified music coming from my vehicle.
As a black male, I automatically assumed he was running my plates. I am aware of APD's
"hunting" practice when they run your plates and make themselves aware of your past involvement
with the authorities. Once he saw me and ran my plates, making note of my past criminal history,
he made it his business to follow me SO he could find any reason to stop me.
The light turned and we all turned left onto
(south bound). I was intentional about
watching my speed because the cop was behind me. I was going 25 mph and the speed limit was
30 mph. After I passed
., I put on my left turn blinker. As I was breaking and
approaching my turn on
he turned on his lights.
It was extremely dark and I was afraid to stop where I would be isolated and there are no street
lights. Being only a block away from my house, I decided to get home where we have cameras
and lights. I pulled into my driveway at
and stepped out of my vehicle asking
the officer why he was following me? I know that there is no law that says that I have to stay in
my vehicle, especially in my own yard. My hands were visible and I was not a threat. He didn't
offer an explanation. Officer
escalated the situation. The law says he is required to use the
least amount of force necessary to de-escalate an incident. He did the opposite. Without hesitation,
he immediately grabbed me, slammed me on the pavement, bashed me with his baton, drug me
out of my driveway and into the street and began punching me.
OF
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LOSTED
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
My head hit the ground and he proceeded to knee me in my side, punch me in the face, choke my
neck and kick me. Confused at why this was happening, I did the natural thing which was to put
my hands over my face to block the blows. I never fought back or resisted. I was screaming for
my mother to come outside. This triggered neighbors to come out, get my mom, pull out their
phone to record the mistreatment I suffered. Extra officers arrive on the scene. 3 three additional
officers came and held me down. They asked me to roll over and I complied. On the video you
hear me saying "I'll roll over." Then they asked me to stand up and I say "I'll stand up" but then
they start punching me again. So they tied my feet together with something that looked like a belt
and handcuffed my wrists behind my back. In an effort to humiliate me they were yelling "STAND
UP! STAND UP!" and yanking on my shirt. It was impossible to stand up while all four of my
extremities were bound.
Eventually, they had to help me up. Not one time did I resist or attempt to fight the officers. I did
exercise my 1st amendment rights to free speech and protest what they were saying and the
mistreatment I was enduring.
Once in the police vehicle, an officer asked if I was injured. He hap hazardously snapped the
photos with an attitude like he didn't even want to take them. He put an ice pack on the very top
of my head.
The officers were angry that they couldn't find my car key. He began harassing my sister and
mother to give him the spare key. He told my mom "that's fine, we'll just bust out the window."
This was rude and no way to respond to my mother and it was an incorrect answer. I know that an
"inventory search" can be done but they cannot break my windows to perform it. They threatened
to arrest my sister because she wanted to know why they needed to take my vehicle. My sister
asked Officer
what was the penal code for my arrest and another officer told her "speeding."
Traffic Code 543.004, clearly states that speeding is an offense that you write a citation for. It is
not an arrestable offense unless you are going 20+ miles over the limit Upset at how speeding
could be a criminal and arrestable offense, my family asked how could this be? Then the officers
proceeded to give my family a multitude of reasons why I was stopped and going to jail. First, they
told my family I was going 6 miles over the speed limit, which is untrue as I was intentional about
staying under the limit while being followed. Mind you, in the end I was never ticketed for this.
Secondly, they told my family I had sped through the stoplight, which was untrue because we were
stopped at the light together. It was impossible to speed through with a car in front of me and a
cop behind me. Next, they told them I had a warrant, which I didn't. Then told them I was resisting
arrest, which I never did and my family and neighbors can attest to. Finally they were told I had
drugs on me, which is untrue. There were no drugs found on my person.
OF
CITY
STEPHEN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
I was never asked to identify myself, at no point did any officer ask for my driver's license or even
ask me my name. I wasn't properly patted down and I was never read my Miranda rights because
Officer
was assaulting me.
Instead of going straight to the jail, I was taken to the dark parking lot at
I asked
Officer
what was his plan? "Was his plan to kill me?" His response, "I have to search you
but I didn't want to do that in front of your family." I was terrified! This
is closed SO there
aren't any cameras or lights in the parking lot. I didn't know what was going to happen to me there
with no witnesses. I was searched and nothing was found on my person. Once back in the car, I
asked again what was I arrested for? Officer
said "you got a warranty buddy. A warrant for
criminal mischief."
I told him that I didn't have one and they had the wrong person. Then he changed his story and
said I was being arrested for resisting arrest.
Once I arrived to Travis County Jail, the nurse at the jail treated me and said "they did all of this
to you?" I was left with a huge road rash burn on my right shoulder, hands, knees, left foot, wrists,
back near my waistline and several scars on the right side of my head from being drug on the
concrete. My left jaw is swollen, my left eye is swollen, a knot behind my right ear and rib pain
from being punched and kneed while I was cuffed and helpless on the ground. I woke up in SO
much pain, my whole body was aching like I had been in a car crash. Also, we are in the middle
of a pandemic and not one officer had on a face mask.
I later learned that my car was towed from my driveway at
The Tow Truck
Driver was instructed to take my car to the same dark parking lot at
SO the
remaining officers could search my vehicle. They were unnecessarily destructive with their search
and left my car in ruins. They pried their way into my vehicle through the passenger window. The
weather stripping was left hanging making it difficult to close the door. The glove compartment
and arm rest compartment doors were forcibly jerked open and now they do not close. The
headrests in my backseat were yanked off and thrown in the floor. They don't lock into position
anymore. My backseat seatbelts don't click into place anymore. I have young children and I am
unable to put them safely in the backseat. My trunk button no longer works either. Apparently,
the backseat was forced open to enter into the trunk. All of the contents of my trunk were in my
backseat and on the floor. This kind of property damage is unnecessary and criminal.
The next night I walked with my uncle to
to show him where the cops had taken
me the night before. There was a cop parked in the parking lot. I was pointing and the cop saw
me. He asked me "what's up? What's the problem?" I told him he was the problem. He got angry
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COSTAL
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
and got out of his car and my uncle asked if he had his camera on acting like that. He Even angrier,
he shouted "my camera is off, this is some man shit!" Then he told me "fuck you." Naturally, I
said "fuck you too." I left. I do not know what his name was but his vehicle is #
I feel like he racially profiled me. In Officer
report, I want to know what answers he listed
in the racial profiling page of his report? I want repercussions for his cruel and aggressive actions.
We, the community, don't want him patrolling our neighborhood. He's not our protector, we need
protection from him. After these encounters with these officers, I am even more traumatized and
distrustful of the police officers in APD as are my family members."
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):
200.1.3 DUTY TO INTERCEDE
Any officer who observes another officer using force shall intercede to prevent further harm if
the officer knows that the force being used is not objectively reasonable and the officer has a
reasonable opportunity to prevent the harm. Such officers must also promptly report these
observations to a supervisor.
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.
200.3 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
OF
GINE
CUSTOM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.
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.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive a B classification.