Formal complaint: Follow-up investigations and other policy violations

CITY OF KUMA
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0350
April 20, 2021
Complaint: An anonymous complainant submitted an online complaint to the Office of Police
Oversight stating:
"I am a Sexual Assault Victim Advocate for the Texas Army National Guard. I was notified
one of our Soldiers was in the hospital (Seton NW) due to a sexual assault. This incident was
in early morning hours of
and I was directed to the hospital approximately
My
understanding is the Hospital called APD due to the situation. When I arrived the detectives
had just gone into the room with the Soldier The case number is
Shortly after the
detectives left, the victim and APD victim advocate relocated to Safe Place SO that a forensic
exam could be performed and medical care further provided (necessary due to the force of the
assault pushing a tampon SO far that it could not be removed without help). The detectives
stated they would perform a search of the hotel room where the assault took place. The offender
was local for the next 2 to 3 days. He is also a Soldier and they were on State Active Duty
Orders for civil disturbance. My Survivor was notified the morning of
that this
case was being suspended as the offender said everything was consensual and there was
nothing that could be done. This is very confusing to me as there was a SANE just hours after
the assault, it was reported and the room made available within hours of the assualt. The
offender was not questioned while still in the area and it took months for detectives to find and
question him. It's very difficult for assault victims to ever come forward and now, with all the
right steps taken, she is being told there isn"t any evidence to show consent was not given. I
don"t feel this case was handled properly and request a review of evidence gathered, forensic
collection, and of the procedures followed by detectives on scene."
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):
403.2 FOLLOW-UP INVESTIGATIONS
Follow-up investigations may include, but are not limited to:
(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.
(f) Conducting interviews and interrogations. Arranging for the dissemination of
information, as appropriate.
(i) Collecting physical evidence.
(n) Reviewing the results of laboratory examinations.
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
403.3 CASE ASSIGNMENT AND RESPONSIBILITY
Generally, follow-up investigations shall be the responsibility of the Investigative Unit assigned
to the case. Report routing to an Investigative Unit is an automated process that is controlled by
the title code(s) used. Unit ownership of a title code is programmed into the current reporting
system and updated as needed.
(c) When assigned to a case for follow-up investigation, investigators shall proceed with due
diligence in evaluating and preparing the case for appropriate clearance or presentation to
court personnel for the filing of criminal charges.
403.4 STATEMENTS AND CONFESSIONS
The purpose or objective of a statement or confession is to take lawful and accurate statements
that corroborate the elements and details of an incident. In doing so, investigators and supervisors
will be cognizant of such factors as the mental and intellectual abilities of the subject being
interviewed and the duration of the interview itself. Written and oral statements or confessions
should not be utilized as the sole basis for the filing of charges; any statement or confession should
be corroborated by other legally obtained evidence or verified in an appropri manner.
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 that this allegation receive an A classification.
A
UNDED
1339
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.