Formal Complaint: Incident reporting, report writing, and other policy violations

OF
CITY
KUSHI
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0140
Today Date: March 5, 2021
Complaint: Complainant,
submitted an online complaint to the Office of Police
Oversight stating the following:
"My name is
and I am an attorney her in Austin. I represent
who was arrested for DWI on
The officer
)
who arrested
knowingly made multiple false and outright fraudulent
statements under oath in his affidavit for warrant of arrest detention. He lied about Ms.
not taking any medication, even though he documented it in the general offense
report and you can hear her tell him on the body camera about taking medication. He lied
about the smell of alcohol because the blood test results came back "below the level of
quantitation". He lied about her having blood shot eyes. (watch the body camera video and
see the attached screen shot). He lied about her "swaying" and "staggering". He lied about
her "swaying" in the one-legged stand, even though she does it perfectly for 30 seconds.
He lied about her weighing 125 pounds even though you can hear her tell him she weighed
140 on the video and he listed 140 in the general offense report. He lied about her appearing
drowsy (watch the body camera video). In short he committed aggravated perjury when he
falsified and embellished his probable cause affidavit in order to effectuate, not only an
arrest, but a subsequent search warrant for her blood. This is NOT the first time I have run
across officer
and his willingness to perjure himself. Look back at the arrest of
That criminal charge was also
dismissed, but the evidence that is apparent on the video and the subsequent evidence
revealed by the blood work substantiate that Officer
is more than willing to perjure
himself in order to effectuate an arrest. How could he possibly detect a "strong odor of
alcohol" when
blood analysis came back "below the level of quantitation"?
Where on the video does
"stagger" or "sway"? If you watch the dash camera
videos of Office
transporting
to the jail and to the hospital and back you
can also see that he does not believe that the traffic laws apply to him and he rolls through
one stop sign after another.
willingness to lie under oath is a disgrace to the
uniform he wears and I do NOT he is worthy to call himself a police officer."
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):
402.2 INCIDENT REPORTING
A well-written report can help make a case just as easily as a poorly written report can ruin a
case. Employees have the responsibility to write clear, factual, and complete reports.
402.2.4 REPORT WRITING
(b) Employees shall not suppress, conceal or distort the facts of any reported 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.
OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
nor shall any employee make a false report orally or in writing.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY The rules of conduct set forth in this
order do not serve as an all-inclusive list of requirements, limitations, or prohibitions on
employee conduct and activities; employees are required to know and comply with all
Department policies, procedures, and written directives.
900.3.1 HONESTY
Honesty is of the utmost importance in the police profession. Employees are expected to be
truthful at all times in the performance of their duties.
(d) Employees will not use any improper or dishonest means to affect the outcome of any
official test, process, or procedure.
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.
NDED
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.