Formal complaint: Purpose and scope—Community policing and other policy violations

OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0552
July 17, 2020
Complaint: The Office of Police Oversight received an online complaint from
stating as follows:
"On
at
on
,
,I
was waiting on the bus
stop by
side of the street, across the street near
Mr
,
was smoking crack on the bus stop , after a while, Mr
came to my
side of the street on bus stop, begin to smoke crack near me, SO I Mr
went to the
other side of the street, after a few minutes, Mr
followed me to the same side again,
this happened 3 times crossing back
cross the street, SO I went to phone an call
911, since it was a none emergency, the dispatch told Mr
to call 311, SO I call 311,
an they gave me information to narcotics, while I was on the phone, Mr
heard me
talking about his dope smoking, after I got off phone, I went over to the
dumster
to get the pizza that they put out, when they leave , when I came back toward my
, Mr
as
I call police, I stated yes an they gave me narcotics
number I continued walking toward my
op
at
the
bus stop in front of
my
to eat some pizza, after about ten minutes, Mr
started running toward me
with one hand in the middle of his pants, I jump up, an Mr
charge right in my face,
with his hand still in his
diately got my phone and call police, an told them
Mr
which we on the blk have know his nephew to disp ay with Mr
SO I was fearful, moving back as Mr
kept charg d me, shouting threats,
about, conning to my apt to get me, an how he should bus me in the face now, as I continue
to talk to dispatche e phone, SO I ran away from king for police to arrive
toward
when police start coming, Mr
started walking away
toward the grass on the side of the
I yell ed to ce as they arrived, Mr
was startif un, police called him back, police split us
up
to
talk
to
us,
as
two
police officers was starting to ask me what happened, officer
can up saying,
don't curse at me Mr
when I hear
say that, it was like he was in
charge, SC said I didn't want to talk to him, could I talk to a sergeant or other officer, SO
officer
went to talk to Mr
,
instead, as I was telling the other officer
the same as Mr
is telling this report, it
sounded
like
the
officer
,
with officer
started attacking me with misunderstanding about why I was not in
my apt at this time of morning, how he did not understanding cause
Pizza close
at
an officer
WAS ASKING ME, HAVE I BEEN SMOKING DOPE, OR
DRINKING BEER, I TOLD OFFICER
, NO SMOKING, AN DRANK A
LITTLE BEER AROUND
SO THE OTHER OFFICER STILL DIDN'T
UNDERSTAND WHY I WAS NOT IN MY APT, INSTEAD OF OUTSIDE FOR 4
HOURS WAITING ON PIZZA,
DON'T GIVE OUT LEFT OVER PIZZA
TO THE DOOR AT
NO MORE, THEY WAIT UNTIL THEY LEAVE, AT
THEN SET 10 OR LESS BOXES OF PIZZA IN THE TRASH, BUT THE PIZZA
STILL BE IN THE BOX, AFTER I EXPLAINED THAT, THEY ASK ME DID I WANT
TO FILE CHARGES ON MR
FOR THREATS, IMR
SAID YES, WHILE
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
I WAS WAITING FOR OFFICER
TO GIVE ME THE POLICE REPORT
NUMBER, OFFICER
ASKED ME, DID I SPIT ON MR
, I REPLIED
NO, ,THATS A LIE, THEY GAVE ME THE REPORT NUMBER SO I COULD FILE A
CLASS C OFFICER
SAID, THEN THE OTHER OFFICER TOLD ME TO GO
INSIDE, NOW, THRU ALL THIS QUESTIONS, WHY DID THEY OVER LOOK MR
SCARED THE FEAR IN ME WHEN HE CHARGED TOLD ME, AN I
STARTED RUNNING YELLING AT DISPATCHER TO HELP, ISN'T IT ASSAULT
EVEN IF THERE IS NO ACTUAL CONTACT BUT A THREAT OF HARM AS MR
CHARGED TOWARD ME IN A VIOLENT STATE, CAUSE I CALL
NARCOTICS, AN SEE OUT 6 TIMES I CALL THE POLICE FOR HELP OVER THE
LAST EIGHT MONTHS, OFFICER
CAME AS THE OFFICER, THE FIRST
THING HE ALWAYS SAYS IS MR DON'T CU E, AS IF THE OFFICER
HAS THE RIGHT TO INTIMIDATE ME OR DEPRIVE ME OF MY LIBERTY BY
ALWAYS REMEMBERING SOMETHING HE SAID I DID TO HIM, BUT I WAS
CURSING MY WIFE, NOW SEPARATED, AS I TALKED TO OFFICER
, I
FEEL LIKE OF
R
IS USING THAT TO STOP ME OF MY LEGAL
RIGHTS, EVERYTIME OFFICER
COME THE CURSING
HAPPENED OVER 7 MONTHS AGO, AN ON TOP
HAT, OFFICER
GAVE ME A POLICE REPORT THAT I DON'T SEE, A CASE
#
, THE
SAME AS OFFICER
GAVE ME A POLICE REPORT NUMBER
,
AT
THATS NOT THERE APD CASE
BUT
AFTER I CHECK ON LINE THE REF
OFFICER
GAVE ME WAS FOR
MR
BEING THE VICTIM, LIEING ON REPORT SAYING ASSAULT BY
CONTACT, I MR
DID NO SUCH THING, MR
THOUGHT OFFICERS
WAS TA
I DID IT ALL BY THE LAW I STILL FEEL LIKE
I WAS NOT TREATED RIGHT
CER
HAS SOMETHING
AGAINST MR
TO THE POINT OFFICER
SCARES MR
, OR ,
ONE DAY MY LIFE MAY BE ON THE LINE AN ALL O
CAN
FOCUS ON IS DON
SE ME MR
LEASE LOOK INTO IT, AN
MR
IS STILL COMING ON MY APT COMPLEX SMOKING CRACK ALL IN
THE OPEN IN FI RONT OF KIDS OR WHOE EVER, FEEL VERY HURT LIKE I CAN'T
PROTEC ELF OR THE PC CAUSE OF OFFICER
INFLUENCE
WHEN HE COMES TO THE 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.
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
GIVE
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
Recommended Administrative Policies to Review (to include but not limited to):
100.1 PURPOSE AND SCOPE
Law enforcement officers are granted the authority to perform their functions based on
established legal authority. This department does not tolerate abuse of law enforcement
authority.
301.1 PURPOSE AND SCOPE
All persons deserve protection by fair and impartial law enforcement and should be able to
expect similar police response to their behavior wherever it occurs. Employees will serve the
public through direction, counseling, assistan ptection of life and property. Employees
will be held accountable for the manner in wh
y exercise th
rity of their office or
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
301.2 IMPARTIAL AT
E
URTESY
Employees are expected to act professionally, tre
ons fairly
lly, and perform
all duties impartially, objectively, and equitably without regard to
onal feelings, animosities,
friendships, financial status, sex, creed, color, race, religion, age, p
al belie
s, sexual
orientation, gender identity or g or social or ethnic background.
900.3.4 PERSONAL CONDUCT
(c) While
-duty or on the premises of City facilities, employees will not:
1. Use loud
nt, profane, harsh, derogatory
1
e, or use belittling term
in
S.
2. Ridicule, mock, taunt, em
ate, or
person, nor do
anything
light incite that person to viole
900.1.1 RESPONSIBILITY
NOW AND C
Y
The rules of cond ct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or pro is on employee conduc activities; employees are required to know
and comply with artment policies, ures, and written directi
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.
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.