OPO Recommendation for Case #2024-0348 and 2024-0604, Sergeant Scott Gunter

OF
AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
August 19, 2024
TO:
Robin Henderson, Interim Chief, Austin Police Department
FROM:
Gail McCant, Director, Office of Police Oversight
SUBJECT:
OPO Recommendation, OPO Case # 2024-0348 and 2024-0604
Sergeant Scott Gunter, AP8062
Dear Chief Henderson,
On Thursday, March 28, 2024, Austin Police Department (APD) Police Officers assigned to the
Henry 700's at the East Substation notified Sergeant Scott Gunter that they detected what they
believed was an odor of an alcoholic beverage emitting from Corporal (Cpl.) Jonathan Pax's,
AP7623, person. Sgt. Gunter is Cpl. Pax's immediate supervisor. Corporal Pax was on duty as
a sworn APD police officer assigned to patrol at the time and date these police officers made
these observations of him and notified Sgt. Gunter. Sgt. Gunter failed to address these police
officer's observations when they brought it to his attention. Sgt. Gunter was scheduled to go on
his days off when he was notified by these police officers of their concerns about Cpl. Pax. Sgt.
Gunter made the decision to address these police officer's concerns when he returned to work
following his scheduled days off, despite his knowledge that Cpl. Pax would be working patrol
and serving as the Acting Sgt. while he was on his scheduled days off.
On Monday, April 1, 2024, Sgt. Gunter reported to work for his assigned shift with Henry 700. Cpl.
Pax also reported to work on this day. Sgt. Gunter met with Cpl. Pax to discuss work-related
business. Sgt. Gunter during his interaction with Cpl. Pax detected what he believed was an odor
of an alcoholic beverage emitting from Cpl. Pax's person. Sergeant Gunter, based on his
observation of Cpl. Pax, initiated the appropriate steps in accordance with APD's General Orders
and notified his chain of command.
On Thursday, April 4, 2024, Commander (Cmdr.) Patricia Cruz, AP4262, requested APD's Internal
Affairs Division (IAD) conduct an Administrative Investigation (2024-0348) on Sgt. Gunter for
failing to make the appropriate notifications on March 28, 2024, when he was notified about Cpl
Pax's condition. The IAD file reflects that Cmdr. Cruz's request to IAD was as follows:
"Commander Cruz requested IA initiate an Administrative Investigation to determine if
Sergeant Gunter's conduct complied with department policy. IA reviewed the following
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
APD General Orders in relation to these allegations: 900. 1. Responsibility to Know and
Comply 900.2 Required Reporting of Violations 900.4.3 Neglect of Duty."
On Friday, August 2, 2024, the Office of Police Oversight (OPO) received IAD's completed
Investigative Summary. OPO staff monitored and participated in the IAD interviews of Sgt. Gunter
and witness police officers throughout the investigation. The investigative summary outlined the
following facts:
On Tuesday, March 26, 2024, at 3:27 A.M., Cpl. Pax arrived on scene of a collision,
alongside numerous officers, including APD Police Officers Ryan Seweryn and James
Wise.
On Thursday, March 28, 2024, at approximately 6:00 A.M., Police Officers Seweryn and
Wise met with Sgt. Gunter in his office at the East Substation and alerted him to the fact
that they both detected the odor of alcohol emitting from Cpl. Pax while on the scene
of
the collision, two days prior.
Officer Wise also mentioned to Sgt. Gunter that another officer on the shift, Miguel
Campos, had also detected the odor of alcohol emitting from Cpl. Pax at another time.
Sgt. Gunter was scheduled to be off duty, on vacation, the night of Thursday, March 29,
2024. Cpl. Pax was scheduled to be acting sergeant in his absence.
Sgt. Gunter notified his chain of command on Monday, April 1, 2024, after he made his
own observations about Cpl. Pax possibly being under the influence.
Sgt. Gunter told IA, in part, he did not believe he needed to make any notifications, since
the incident (Officers Seweryn and Wise's detection of alcohol) occurred approximately 48
hours prior, and he felt he needed to conduct his own investigation before notifying his
chain of command.
Sgt. Gunter was Cpl. Pax's corporal on the Henry 800's from August 2020 to January
2021.
D
Sgt. Gunter was Cpl. Pax's Sgt. on the Henry 700's from October 2023 until Cpl. Pax
resigned on May 8, 2024.
On Friday, June 7, 2024, Commander (Cmdr.) Jamie Jobes, AP3763, submitted an internal
complaint to IAD requesting that they initiate an Administrative Investigation (2024-0604)
regarding statements that Sgt. Gunter made to IAD Investigators during his interview on May 2,
2024, regarding Case Number 2024-0348. The IAD file reflects the following information:
"On or about Friday, June 7, 2024, IA received an internal complaint, signed by
Commander Jamie Jobes #3763. IA reviewed the following APD General Orders in relation
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
GINE
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
to these allegations: 900.2 Required Reporting of Violations 900.3.1 Honesty 900.4.3
Neglect of Duty 902.4.1 Cooperating with Assigned Investigators 902.9.3 Factors to
Consider in Determining Discipline."
On Friday, August 2, 2024, OPO received IAD's completed Investigative Summary regarding
Case 2024-0604. OPO monitored and participated in IAD's interview of Sgt. Gunter and witness
police officers. The Administrative Investigation's summary outlined the following facts:
Sgt. Gunter admitted to hearing rumors or jokes of Cpl. Pax's excessive drinking of
alcohol when he was the Corporal over the Henry 800's.
Sgt. Gunter denied remembering any conversation with Sgt. Truho regarding Cpl. Pax's
alcohol abuse.
When asked if he would do anything differently, Sgt. Gunter stated he would have
notified a Lieutenant on the morning of March 28, 2024.
Sgt. Gunter admitted to violating APD Policies 900.2 Required Reporting Violations
and 900.4.3 Neglect of Duty.
OPO recommends a Classification A based on IAD's Administrative Investigation findings of
Sgt. Gunter in Case Numbers 2024-0638 and 2024-0604 for violating the APD's GOs as noted
below and administer the appropriate disciplinary action in compliance with the GO Disciplinary
Matrix.
APD Policy 900.1 Responsibility to Know and Comply. The rules of conduct set forth in this order
do not serve as an all-inclusive list of requirements, limitations, or prohibitions on employee
conduct and activities; employees are required to know and comply with all Department policies,
procedures, and written directives.
APD Policy 900.2 Required Reporting Violations. Employees have an obligation and
responsibility to report all facts or credible information they know regarding any criminal activity
by other employees or any breach of APD written directives.
APD Policy 900.3.1 Honesty. Honesty is of the utmost importance in the police profession.
Employees are expected to be truthful at all times in the performance of their duties.
APD Policy 900.4.3 Neglect of Duty. Employees will satisfactorily perform their duties. Examples
of unsatisfactory performance include but are not limited to: (a) Lack of knowledge of the
application of laws required to be enforced. (b) Unwillingness or inability to perform assigned
tasks. (c) Failure to take appropriate action on the occasion of a crime, disorder, investigation, or
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
other condition deserving police attention. (d) Failure to respond to any call or to perform any
police duties assigned to them by appropriate authorities. (e) Absence without approved leave.
(f) Repeated poor evaluations. (g) Written record of repeated infractions of rules, regulations,
directives, or orders of the Department. (h) Failure to follow department standardized training and
tactics when it was objectively reasonable to do SO. (i) Employees are expected to be truthful at
all times in the performance of their duties. However, there may be instances where, initially, the
employee has not been truthful; but, before the investigation is complete, the employee provides
an accurate and detailed accounting of their true culpability in a situation and accepts full
responsibility for their actions. In those cases, the Chief may consider each case on a fact-specific
basis.
F
APD Policy 902.4.1 Cooperating with Assigned Investigators, (a) Employees will cooperate with
any assigned investigator as if they were addressing the Chief of Police. Employees who fail or
refuse to cooperate with an assigned investigator will be subject to disciplinary action, up to and
including indefinite suspension. (b) Honesty is of the utmost importance in the police profession.
Employees are expected to be truthful at all times during interviews with investigators as outlined
in General Order 900 (General Conduct and Responsibilities). 1. Employees who are found to
have given a false official statement are subject to indefinite suspension as outlined in the
Discipline Matrix ("Dishonesty - False Official Statements"). 2. There may be cases where officers
have not been truthful, but the dishonesty does not constitute a false official statement. In those
situations, the Chief of Police shall consider each case on a fact specific basis and may decide
that corrective action other than indefinite suspension is warranted as outlined in the Discipline
Matrix ("Neglect of Duty - Misleading Statements").
Regards,
Gail McCant
Director
Office of Police Oversight
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.