Notice of complaint related to 2022-0656

OF
CITY
LUBERY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
August 5, 2022
ICMS #: 2022-0656
On August 3, 2022, the OPO received a phone complaint.
The complainant alleges: He left
and walked to
to get more cash to buy food. As
he was walking back, he stopped at a shady area near
to eat his food and waited for his
ride. As he sat on the ground to eat security guard
walked up to him and told him there
was a policy and he could not sit on the floor and eat. He replied to security "this is outside, and
this is not a floor but the ground". The complainant also replied there is no policy and there are no
signs and if there is a policy the public needs to know. He told the security guard white people eat
on the grounds all the time and live in their trailers and he pointed to a trailer. The complainant
stood up and asked what laws he was breaking. The security guard then told him "Sir you are
absolutely correct". Security stepped a few feet away and called 911. Security described him as
a black man and gave a description of what he was wearing and also told 911 he was causing
trouble. The complainant also called 911 and told them he was not causing trouble and that he was
African American and there were others of different races, but the security guard singled him out.
911 told him police had been dispatched and to wait. The complainant did not realize he had given
911 the wrong address. Security
approached the complaint videotaping him and calling
him
The complainant told him to step back, or he would resort to self-defense. The
security guard called the police again and told them the complainant was getting violent, and he
wanted him to leave. The security guard and complainant had an exchange of words and the
complainant also called 911 and 911 told him the security guard wanted him to leave but to wait
for the police. The complainant told 911 that he was going to leave and wait for APD at the
across the street. The security guard followed him as he left SO the complainant decided to
go back to
Officer
/Badge #
showed up and immediately took the side of
the security guard and also told
he has known security
for six years and he is a
good guy.
security and management told the officer that the complainant was a regular
customer and had done nothing wrong and was not trespassing and he is welcome on their grounds.
Officer
told them security
has control of the entire parking lot. The complainant
told Officer
his side of the story. Complainant asked the officer for the police report, and
he would go. The officer then began plotting against him with Security
The complainant
alleges Officer
is a racist and he is going to sue him, and others involved in the racist act.
A
DAY OF
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
This notice of 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.