Notice of complaint related to 2023-0207

OF
GINE
LUBERT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
March 10, 2023
ICMS #: 2023-0207
On March 10, 2023, the OPO received an online complaint.
The complainant alleges: I never understood how it felt to be racially profiled until I seen
it with my own eyes
at the
My
boyfriend,
was retrieving his luggage when approached by some Caucasian
men dressed in regular clothing. They insinuated he smelled like weed SO they wanted to
check his luggage. At this point they hadn't identified themself. Of course, as a black man
who doesn't have a good history with the Austin Police Department and have multiple
friends that were killed FOR NO REASON by them, he immediately got defensive. Once
they finally let him know what their intent was, they were asked by my boyfriend if he was
being detained. They responded no SO he kept proceeding to the pick up area where I was
located. I called my boyfriend and when he picked up, I heard the commotion over the
phone. I left my vehicle in a hurry and ran over to the scene when there were multiple
Caucasian men dressed in regular clothes on top of him. He was begging and pleading to
loosen the handcuffs because they were SO tight and cutting off his circulation. I asked one
of the police what is the issue and he explained to me that he, himself seen him coming
from outside and he smelled like weed. Which isn't possible because he had just retained
his luggage and was walking outside to get in the car with me. I also showed this same man
a copy of his flight ticket to prove he wasn't coming from outside and just got off a plane.
The Caucasian men proceeded to pick him up off the ground and take him back into the
airport when the stopped in the hallway between the sliding doors. They pinned him up
against the wall in the walkway and this is where I seen the dog had been brought out and
an APD officer dressed in uniform became present. One of the persons dressed in regular
clothes explained to me that the dog barked at his bag initially which made them approach
him but the dog wasn't brought out until after I was on the scene and it didn't even go near
his bag previously. My boyfriend repeatedly asked what was he being detained for with no
consistent answer. He and I both kept telling them to search the bag with confidence there
was nothing in the bag but was told they need a search warrant. That isn't true because if a
police has probable cause or if the dog smells something a warrant or subpoena isn't
needed. He was taken back outside where they stood him in the door of a police car for a
long duration of time while they figured out what they would charge him with. My
OF
GIVE
CUSTINE
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
boyfriend overheard conversations from the police on confusion of what the charge would
actually be. Yes, he was belligerent but who wouldn't be when you are being held against
your will! I was asked by multiple officers to assist in helping calm him down but never
given the opportunity to speak with him successfully. As they were standing in front of
him, they kept whispering slurs to him which would cause him to react. These officers used
excessive force by slamming him on the ground, pinning him up against the wall, detaining
him without reason when my boyfriend is only 143lbs and they clearly outnumbered and
outweighed him. It was explained to me by these undercover officers that there have been
multiple cases of drug trafficking in the airport. I guess my boyfriend fit the description of
a "dealer". African American, wearing a puffy coat, with gold on. I asked repeatedly for
the officers name and badge information and was told "It would be in the report" when that
they are required to provide that information when asked. I later received a call from
Sergeant
who provide me with 2 case numbers and was told by him he really didn't
know what was going on but reviewing everything. He was on the scene the entire time
with a handheld camera SO I'm not sure how he didn't know what was happening.
Witnesses provided there support and information to me to vouch that he was wrongfully
being done. He is currently being detained for a Class A misdemeanor of Resisting Arrest
with no other charges pending. A person can only resist arrest if they are being charged
with another offense. He was never read his Miranda rights. The case numbers I have are
Videos and pictures can be provided upon request as they are
too large to send.
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.