Notice of complaint related to 2023-0246

OF
DATE
CUSTOM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
March 31, 2023
ICMS #: 2023-0246
On March 27, 2023, the OPO received an online complaint.
The complainant alleges: APD bungled an investigation then rushed a PC affidavit and
caused me irreparable harm.
Three motorcyclists were engaged in deadly conduct Tex. Penal Code Sec. 6.03, 22.05
(
based on mistaken identity, which then turned to assault Sec. 22.01 when one of
the motorcyclist tried to kill me. According the APD Incident Report
(
) the
motorcyclist stated that someone in a white sedan had "...almost hit the red motorcycle
earlier... " and believed I was that person. I defended myself with my licensed handgun
after the motorcyclist sucker punched me and then tried, both, to take my weapon and to
kill me with it. I then immediately called 911-EMS and stated that I shot a man and needed
emergency medical personnel. APD then treated my call for help as a "Shoot/Stab Hotshot"
and immediately designated the motorcyclist as the victim and me as the suspect. (See EMS
Dispatch Report and APD Incident Report.) I was victimized twice, once by three
motorcyclists, and again by APD.
Witness:
Dr
witnessed the 3 motorcycles harassing my vehicle on
near
Dr
has advised that she is willing to speak with police about what she saw. But
because of her work with children, she is unwilling to speak with lawyers. APD did not
reach out to residents along
at the time of the incident. APD indicated to me that
they believed there was only one motorcycle involved in the incident, which is incorrect.
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.