Notice of complaint related to 2023-0243

OF
CHILL
CLESSING
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
March 24, 2023
ICMS #: 2023-0243
On March 24, 2023, the OPO received a phone complaint.
The complainant alleges: The complainant's nephew,
was the
homicide for the City of Austin this year. He was shot and killed in a drive-by shooting
at his brother
residence. When officers arrived they just started
questioning
-- did he have a gun, was this drug-related, and asked his name over
and over again. He asked the officers if his brother was ok and told them that he had a light
pulse. Officers did not administer CPR or other life-saving measures. Ms.
believes
that if they had done so, her nephew would still be alive. She would have appreciated
someone making an effort to save him.
continued to ask officers if his brother was breathing and officers wouldn't tell him
anything.
told them he had woken up, looked for his brother, and found him on the
ground. Officers continued to interrogate
instead of performing life-saving
measures for his brother, who lay dying.
The deceased's mother arrived and was on the phone with the complainant telling her what
had happened. She was told that her son was in the ambulance. While she was telling this
to the complainant, it flashed on KVUE news that her son was deceased. The family
members, the mother and the brother, were present. Instead of this being told to them it
was told to the media. The complainant was waiting to hear what hospital her nephew
would be transported to. When she asked his mother she replied, "My son is dead." Several
relatives saw the same news on KXAN and other networks. Why was this told to the media
instead of the family members present on the scene?
Officers fingerprinted
on the scene. The complainant finds this offensive and
unacceptable, stating that by fingerprinting him, you're basically saying that he had
something to do with it. Her nephew was already traumatized by seeing his brother laying
on the ground dying and being helpless to do anything to save him. Ms.
asked the
lead detective on scene if officers had also fingerprinted the other 5 people who live in the
house. A white vehicle was discussed at some point. Her nephew doesn't even own a bike,
much less a car.
OF
GINE
CURRENT
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
The complainant arrived on scene. Someone from victim services came and handed out
pink pamphlets but did not give anyone a representative's phone number.
The detective on scene asked the complainant for her brother's name and phone number.
He is the deceased's father. The complainant explained that they would have to go through
her to reach him, because he uses the same phone as her. Once she had said that, the
detective acted as though she couldn't write anything further. Why would the detective not
take down the information of the parent?
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.