Formal complaint: Follow-up investigations and other policy violations

OF
DATE
QUARTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0701
July 20, 2021
Complaint: The complainant submitted and online complaint to the Office of Police Oversight
alleging the following:
"I am a defense attorney. I have a client who has been incarcerated since
due to
a insufficient police investigation. I was able to prove his innocence through my
investigation. He is still being held by parole due to the original arrest by APD on said
investigation. During his incarceration he contracted Covid in the jail and was also injured
at the jail while working. I have documentation to prove his innocence and will gladly share
this information. His charge was dismissed
due to lack of evidence and extremely
deficient investigation. I have already sent the information I gained through my
investigation to the detectives responsible for the investigation and my client's arrest. I have
never received a response nor has the true guilty party (the victim in the case) been charged
with anything. My client is
(his name was misspelled by the officers
- SO he is in
under
).
The investigation was for terroristic
threat. The basis of the charge were a series of emails claimed by the victim, were sent by
my client. The detectives never attempted to get the IP addresses for the emails. I was able
to prove the IP addresses for the emails were accessed by the victim to generate the emails.
This should be investigated. She needs to be charged and the detectives need to be
reprimanded."
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):
403.2 FOLLOW-UP INVESTIGATIONS Follow-up investigations may include, but are not
limited to:
(a) Reviewing and analyzing preliminary reports.
(b) Reviewing Department records and databases.
(c) Seeking additional information from complainants, witnesses, neighbors, informants,
officers and Department employees.
(d) The incident may require contact with the victim(s) and witness(es) by the assigned
personnel to obtain information not uncovered during the preliminary investigation.
(e) Upon request and without jeopardizing case security, the assigned personnel or designee
shall advise the victim(s) of the status of the case.
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
FOUNDED
NOTICE OF FORMAL COMPLAINT
(f) Conducting interviews and interrogations. Arranging for the dissemination of information,
as appropriate.
(g) Soliciting assistance and/or information from other Units within the Department and/ or
outside law enforcement agencies.
(h) Planning, organizing and conducting searches.
(i) Collecting physical evidence.
(j) Identifying and apprehending suspects.
(k) Follow-up on emergency mobile phone request court orders and related paperwork within
48 hours of first request.
(1) Checking suspects' criminal histories.
(m) Determining the involvement of suspects in other crimes.
(n) Reviewing the results of laboratory examinations.
(o) Preparing cases for court presentation.
(p) Assisting in the prosecution.
(q) Documenting entry, modification, validation or cancelation of TCIC/NCIC records
900.4.3 NEGLECT OF DUTY
Employees will satisfactorily perform their duties.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint 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.