Temporary suspension of Officer Thomas Childress

OF
CITY
CERTIFICATE
RECEIVED
FOUNDED
1839
City of Austin
Civil Service Office
MEMORANDUM
August 28, 2020
11:42 a.m.
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Brian Manley, Chief of Police
DATE:
August 28, 2020
SUBJECT:
Agreed Temporary Suspension of Police Officer Thomas Childress #7765
Internal Affairs Control Numbers 2020-0327
Pursuant to the provisions of Chapter 143 of the Texas Local Government Code, Section
143.052, and Rule 10, Rules of Procedure for the Firefighters', Police Officers' and
Emergency Medical Service Personnel's Civil Service Commission, I have temporarily
suspended Police Officer Thomas Childress #7765 from duty as a City of Austin, Texas
police officer for a period of sixty (60) days. The agreed temporary suspension is effective
beginning on August 29, 2020 and continuing through October 27, 2020.
I took this action because Officer Childress violated Civil Service Commission Rule 10.03,
which sets forth the grounds for disciplinary suspensions of employees in the classified
service, and states:
No employee of the classified service of the City of Austin shall engage in,
or be involved in, any of the following acts or conduct, and the same shall
constitute cause for suspension of an employee from the classified service
of the City:
L.
Violation of any of the rules and regulations of the Fire
Department or Police Department or of special orders, as
applicable.
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The following are the specific acts committed by Officer Childress in violation of Rule 10:
On March 13, 2020, Officer Thomas Childress responded to a disturbance call involving a
subject walking in the street with a skateboard threatening to hit cars near HEB on Wood
Hollow Drive. The 911 caller also indicated the subject was carrying a sign with anti-
Jewish sentiments while trying to attack vehicles. Officer Childress arrived in the area and
located the subject, whom he saw holding a sign and skateboard at 3604 North Hills Drive,
Austin, Texas. Two other officers arrived immediately after Officer Childress.
Upon arrival, Officer Childress exited his patrol vehicle and pointed his Taser at the subject
while giving him verbal commands to drop his sign and to get on the ground. After initially
not complying to verbal commands to place his sign on the ground, the subject eventually
complied but continuously questioned the legality of the officers' actions. Officer Childress
then gave the subject commands to get on the ground and to lay on his stomach. The subject
eventually sat on the ground with his hands on his head, but he refused to get on his stomach
as he repeatedly asked for a supervisor. Officer Childress then informed the subject that he
was going to deploy his Taser if he did not fully comply with all of his orders. Officer
Childress then issued Taser warnings and deployed the Taser on the passively resisting
subject. The subject was subsequently taken into custody and transported to the Travis
County jail.
Corporal David Gannon responded to the scene and conducted the on-scene Response to
Resistance (RTR) review. Thereafter, on March 17, 2020, Commander Jason Bryant
generated an Internal Complaint Memorandum requesting that Internal Affairs (IA) initiate
an administrative investigation to determine if any violation of Department Policy, Civil
Service rules, or State Law had been committed by Officer Childress.
During their investigation, IA interviewed several witnesses, including Officer Childress,
and reviewed video footage of the incident. Officer Childress' Body Worn Camera (BWC)
captured all of his interactions with the subject. The BWC footage showed the following:
Officer Childress arrived in the area and located the subject, who matched the description
provided by the caller(s). Officer Childress exited his patrol vehicle and identified himself
as, "Austin Police, and instructed the subject to, "Stop! Come here. Officer Childress
pointed his Taser at the subject and gave him multiple verbal commands to put his sign
down. The subject repeatedly asked Officer Childress why he was being stopped and
detained. Officer Childress stated, "I am investigating a crime." The subject then
repeatedly asked Officer Childress what crime he was alleged to have committed. He also
stated many times: "This is an illegal arrest."
The second on-scene officer advised the subject that he also needed to comply for "officer
safety. The subject subsequently dropped his sign and was then instructed to put his
skateboard down, which he did immediately. Officer Childress then instructed the subject
to get on the ground and put his hands behind his back, but the subject did not initially
comply with these commands. The subject continued to state that the actions taken by
Officer Childress were "illegal" and he repeatedly asked, "What did I do?' and "What
am I being detained for?", and "This is an illegal arrest." The second on-scene officer
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also instructed the subject to turn around and put his hands behind his back. He still did not
comply. Officer Childress then stated: "This is your last chance, get down on the ground.
Get down on the ground right now." The subject then indicated that he would sit down, but
was only doing so "under duress," as he still felt his arrest and/or detention was "illegal."
The subject then sat down on the ground.
Officer Childress then stated, "Lay on your stomach," and the subject repeatedly stated,
"Call your supervisor, I am not complying with you, this is an illegal arrest," and
subsequently placed his hands on his head while he was seated. Officer Childress instructed
the subject, "Lay on your stomach now." The subject again asked for a supervisor, while
remaining seated with his hands on his head. After confirming with the subject that he
would not comply with further orders, Officer Childress stated, "Taser, Taser, Taser," and
deployed his Taser on the subject, which resulted in neuromuscular incapacitation. The
subject was placed in handcuffs. EMS arrived to evaluate him, but he refused treatment.
Officer Childress was interviewed by IA on July 6, 2020. Officer Childress was asked to
describe the level of resistance exhibited by the subject. He stated, "At that particular
moment, um passive. At the -moment that I tased him passive, before then it kind of hard
to say, almost offensive, but I don't believe that, I don't believe it was any more than that."
IA asked Officer Childress to describe what he was thinking when the subject was not
complying to commands and he stated, "I'm thinkin - with how he was acting and how he
is ramped up and agitated that if I were to get any closer it was going to become physical."
IA also asked Officer Childress about the last command given to the subject.
CHILDRESS:
The last command, uh, command I gave him was to lay on his stomach
and put his hands behind his back.
MOLLEUR:
And do you recall what he did with that command?
CHILDRESS:
Yes. He continued to sit down, legs crossed, put his arms above his head
and said, "I will not comply."
MOLLEUR:
And what does that mean to you?
CHILDRESS:
That means he's not gonna comply with anything else that I - that I ask
him to do or order him to do.
Officer Childress was asked what made him decide to utilize the Taser and he said: "At
that point I decided to use the taser to avoid any other physical confrontation and being so
close to the skateboard and the other sign closer to cars, that that would be the best way
to - go about detaining the subject in handcuffs." IA asked Officer Childress if he was
concerned for his safety and he said: "I was only because I did not want to get close to a
skateboard, close to any sign. I did not want to have a physical struggle with this - person."
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Officer Childress concluded his IA interview by admitting that he violated the Taser policy.
He stated, "The taser policy clearly states [that an officer]should not use a taser - will not
use a taser with somebody, uh, only, uh, using passive, uh, resistance, okay, and it was
clear to me, seeing it now, that he was passively resisting and I still used my taser."
In sum, Officer Childress expressed sincere regret and contrition, while acknowledging to
his Chain of Command and myself that he violated both the De-escalation and Taser policy
and that he should not have used his Taser on a passively resisting subject. But for Officer
Childress' acceptance of responsibility and pledge to improve in the future through
training, I would not have agreed to this temporary suspension, and would have indefinitely
suspended Officer Childress.
By these actions, Officer Childress violated Rule 10.03(L) of the Civil Service Rules by
violating the following rules and regulations of the Austin Police Department:
Austin Police Department Policy 200.2: Response to Resistance: De-Escalation
of Potential Force Encounters
200.2 De-Escalation of Potential Force Encounters
When safe and reasonable under the totality of circumstances, officers shall use de-
escalation techniques to reduce the likelihood for force and increase the likelihood
of voluntary compliance.
Nothing in this de-escalation policy requires an officer to place themselves in
harm's way to attempt to de-escalate a situation. Recognizing that circumstances
may rapidly change, officers may need to abandon de-escalation efforts after they
have commenced. Understanding that no policy can realistically predict every
situation an officer might encounter, the Department recognizes that each officer
must be entrusted with well-reasoned discretion in determining the reasonable de-
escalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or
specific officer training that addresses de-escalation.
Austin Police Department Policy 208.4.2: Taser Device Guidelines: Prohibited
Uses
208.4.2 Prohibited Uses
The following are prohibited uses of the TASER Device:
(d)
Against passively resisting subjects.
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In addition to this agreed temporary suspension, Officer Childress agrees to the following
terms and conditions:
1.
Officer Childress shall attend any training specified by his chain of
command.
2.
Officer Childress agrees to a probationary period of one (1) year, with the
additional requirement that if, during the probationary period, he commits
the same or a similar act of misconduct for which he is being suspended (the
determination whether an act is the same or similar is solely within the
purview of the Chief of Police and is not subject to review by the Civil
Service Commission, an Independent Third Party Hearing Examiner, or
District Court), he will be indefinitely suspended without the right to appeal
that suspension to the Civil Service Commission, an Independent Third
Party Hearing Examiner, and to District Court. The one-year period begins
on the day Officer Childress returns to duty after completing his agreed
suspension. Should Officer Childress commit the same or similar violation
outside the one year period, he will be indefinitely suspended but retains the
right to appeal that suspension.
3.
Officer Childress understands that this temporary suspension may be taken
into consideration in the Chief's determination whether a valid reason exists
to bypass him for a future promotion in accordance with APD Policy
919.11.
4.
Officer Childress agrees that he, and all others claiming under him named
herein or not, fully discharge, release, and waive any and all known or
unknown claims or demands of any kind or nature whatsoever that he now
has, or may have in the future, including, without limitation, claims arising
under any federal, state or other governmental statute, regulation, or
ordinance relating to employment discrimination, termination of
employment, payment of wages or provision of benefits, Title VII of the
Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the
Americans with Disabilities Act of 1990, as amended, the Family and
Medical Leave Act, the Fair Labor Standards Act, and the Texas
Commission on Human Rights Act, against the City of Austin, the Austin
Police Department, or their respective agents, servants and employees,
arising from the above-referenced incident, and any actions taken as a result
of that incident, including but not limited to, the negotiation and execution
of this agreed temporary suspension.
5.
Officer Childress acknowledges that he had the opportunity to discuss this
agreed suspension and additional terms and conditions set forth herein with
a representative of his choosing prior to signing his acceptance where
indicated below.
By signing this Agreed Discipline, Officer Childress understands and agrees that I am
forgoing my right to indefinitely suspend him for the conduct described above and that by
agreeing to the suspension, Officer Childress waives all right to appeal this agreed
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suspension and the additional terms and conditions to the Civil Service Commission, to an
Independent Third Party Hearing Examiner, and to District Court.
BMW BRIAN MANLEY Chief of
8-28-2020
Police
Date
TO WHOM IT MAY CONCERN:
I acknowledge receipt of the above and foregoing memorandum of agreed temporary
suspension and I understand that by entering into this disciplinary agreement the Chief
forgoes his right to indefinitely suspend me for the conduct described above and that by
agreeing to the suspension, I have no right to appeal this disciplinary action, as well as the
additional terms and conditions, to the Civil Service Commission, to an Independent Third
Party Hearing Examiner, and to District Court.
530 #7765
8/28/20
Police Officer Thomas Childress #7765
Date
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