Notice of complaint related to 2022-0789

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NOTICE OF COMPLAINT
September 16, 2022
ICMS #: 2022-0789
On September 12, 2022, the OPO received an online complaint.
The complainant alleges: I write this to the attention of the Office of the Police Oversight.
So much has gone on in the last 6 months for me to continue to remain silent, even though
my name and reputation has been destroyed and called into question because I told the truth
about a supervisor during an investigation. I have been involved in an investigation for the
past 6 months regarding a DTAC patrol shift, specifically the George 100's patrol shift.
The investigation has come to a conclusion with what I and many other officers feel is
unjust and a clear slap in the face to Officers who conduct themselves in a manner
becoming of a Police Officer. I was hoping the chain of command within the Austin Police
Department, specifically Chief Chicon and his executive staff would have take appropriate
action and levy the proper discipline to Cpl Brian Yarger badge number 6499, for his
actions in making the patrol shift of the George 100's a hostile work environment. Cpl
Brian Yarger was constantly displaying negative behavior, border line racist comments,
coupled with his authoritarian management style specifically towards subordinates, when
he would be very disrespectful and rude, but most of all, how he treats less fortune citizens
of Austin Texas. Unfortunately, the Austin Police Department has failed once again to hold
its Officers, especially Supervisors accountable for their actions. Day in and day out
for
several weeks and months prior to Officer Jimenez returning to duty, I had to sit in show
up and show down listening to Cpl Yarger complain, and mock Officer Jimmenez along
with several other female officers, specially Cpl Susana Sanchez in Charlie sector. A few
examples of Cpl Brian Yargers inappropriate and down right racial remarks are listed
below: Cpl Yarger stated to our patrol shift when Officer Jimenez would be late to work
"She's probably drunk", "She's probably hung over", "She's worthless." "She is a
Worthless Cunt" she's probably pasted out next to a ghetto stranger" she was out last
night slutting it up" "She's doing the walk of shame out of some girls apartment, trying to
get to work" " no duty, no work, fucking lazy entitled Cunt" Cpl Brian Yarger routinely
made open comments in show up about Officer Jiminez being worthless and always
playing here "cards". Cpl Brian Yargers meaning behind the comment "cards" was Officer
Jimenez was Homosexual, Hispanic, and a Female. Cpl Brian Yarger said numerous times
in the George 100's patrol office, "Vanessa doesn't even know what she is". meaning
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Homosexual or Straight. Cpl Brian Yarger routinely stated out loud that the department
(meaning APD) would allow Officer Jimenez to get away with her actions because she's
a
female that "has Cards", again meaning a Lesbian, Hispanic and a Female. Cpl
BrianYarger stated since Officer Jimenez has "three cards" and he is a white male with
tattoos, APD would "hammer" him harder on discipline. Cpl Brian Yarger said the same
thing about Cpl Sanchez, stating to Officers openly "She (meaning Susana Sanchez) walks
around here acting like she's running the show telling officers and supervisors how to do
their jobs, when she is another one that doesn't know what she is-meaning gay or straight".
It was very apparent from all of Cpl Brian Yarger's comments and statements whether in
show up or at protests, he has authority issues, issues with women, and issues with
Homosexuals. I have heard throughout my time on the George 100's, before being removed
from the shift, Cpl Brian Yarger demean, ridicule, and make jokes about previous
supervisors, IA investigators, and the Chief of Police. Even going as far as calling Chief
Chicon a spineless yes man, who is a puppet for the city council. During the time Officer
Jimenez was out with her no duty, I overhead conversations where Sgt Sellers told Cpl
Brian Yarger after show ups, he has to "tone it down when talking openly about Officers,
specifically Officer Jimenez. Telling Cpl Brian Yarger he can't say the things he's saying
to the group, he's a supervisor. During his time as the Cpl of the George 100's, Cpl Brian
Yarger has carried himself in a manner unbecoming of a supervisor, in his behavior, his
comments about subordinates, his treatment of subordinates, his interactions with
subordinates and other supervisors, but most of all, his comments about the public. On
numerous occasions I overheard Cpl Brian Yarger state to subordinates look at this pink
hair hippy fuck", or " I don't know why these women are protesting about abortion, "no
one wants to fuck them", or "here is an idea don't get pregnant by a bad daddy who isn't
going to be around", stop spreading your legs and this can all be avoided", "Black Lives
movement is a scam", Black Lives Matter, then stop shooting each other hommies", "I
bet Adler will lead the Gay Pride Parade hand in hand with that cock sucker Greg", "The
city council can eat a big dick, especially that fat cunt Farah." These are just a few of the
numerous negative things Cpl Brian Yarger says out loud on a daily basis. Before certain
protests, Cpl BrianYarger, who is one of the supervisors in charge of APD's BPOT (
Bicycle Public Order Team) would say he looks forward to beating up "commies" time
beat some ass" "talk shit and see what happens." These are just a few examples of how Cpl
Brian Yarger conducts himself while representing the Austin Police Department and the
citizens of Austin Texas during protests. I was hoping the Austin Police Department would
take appropriate action and show they are being progressive and showing our department
and the community of Austin Texas, that Officers are held accountable, held to a higher
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standard, but this isn't the case. Cpl Brian Yarger recently received a 10 day suspension
for his actions, Chief Chicon allowed Cpl Yarger to use 5 paid vacation days out of the 10
day suspension. So essentially Cpl Yarger received a 5 day suspension without pay for his
violations, and Chief Chicon did not remove Cpl Brian Yarger from the promotional list
for Sgt. So in a few month Cpl Brian Yarger will be promoted to the rank of Sgt, which
shows me and the Austin community, APD does not and will not hold its supervisors
accountable for their destructive behavior towards citizens and subordinates. This was an
opportunity for Chief Chicon and the executive staff to show the citizens of Austin Texas
and the Officers of APD they will not tolerate destructive behavior from its Supervisors
towards the citizens and subordinates within the Austin Police Department. Cpl Brian
Yarger has a lengthy history with Internal Affairs for incidents ranging from numerous
uses of force to rudeness, with plenty of incidents in between. He has received numerous
days off in the past but nothing is done to stop his destructive behavior. Cpl Brian Yargers'
behavior and wanted disregard for policy has caused other Officers to receive numerous
days off as well. Which should show Chief Chicon and his executive staff, Cpl Brian
Yarger causes other Officers to engage in destructive and improper behavior. This should
also show the command staff when Cpl Brian Yarger becomes a Sgt and leader of a patrol
shift, he will be teaching young minded, impressionable officers his inappropriate,
destructive, policy violating ways. He's rude, sarcastic and condescending towards
community members while working on the street, he is extremely quick to use force on
someone when force isn't always immediately necessary, he scoffs at the idea of trying to
de-escalate the situation with his words. I write this to the Office Of The Police Oversight,
specifically Farah Muscadin, requesting your much needed assistance to help the citizens
of Austin Texas, the good hardworking, community first Police Officers of APD and
conduct an investigation into why the Austin Police Department will not hold Cpl Brian
Yarger accountable for his actions. Cpl Brian Yarger received such light discipline for
actions that clearly violate APD's code of ethics and moral standards, and brings discredit
to the Austin Police Department. Why the command staff believes Cpl Brian Yarger is fit
to continue supervising Officers when he has clearly shown he should not be in charge.
Why, after all Cpl Brian Yarger has done throughout his carrier, not just in the DTAC
division, the Command Staff feels Cpl Brian Yarger is fit to become a Sgt in the Austin
Police Department and lead. Cpl Brian Yargers destructive behavior and leadership style
is not what Officer within APD or citizens of Austin Texas want. We want progressive
thinking, hard working, community first Officers, not a reckless man exerting excessive
authority just because he carry's a Police Badge. Please help the citizens of Austin Texas
and the true Officers of the Austin Police Department achieve the goal of becoming what
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the community needs. The Austin Police Department can not grow towards success if
Officers, especially supervisors are not held accountable. If something isn't done, then Cpl
Brian Yarger will promote to Sgt and mold the minds of the newer generation of Police
Officer. Please, Office of Police Oversight and Farah Muscadin investigate why Cpl Brian
Yarger is still allowed to be a reckless supervisor and why he is not held accountable for
his actions.
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.