Aviso de queja relacionada con 2022-1167
El querellante alega que los oficiales de la policía de Austin no investigaron correctamente una queja de ruido.
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CHAN
SUSTEM
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
December 30, 2022
ICMS #: 2022-1167
On December 27, 2022, the OPO received an online complaint.
The complainant alleges: As my daughter and I drove up to the apartment, I noticed the neighbor
- resident in Apt
) sitting outside on the patio. When my daughter and I got out of the car,
we both smelled weed. As I opened the garage door, the weed smell started coming into the garage.
The noticed the weed smell was coming from apartment
the neighbor right above me was
smoking weed on the patio again. The leasing office was closed SO I couldn't call to ask the leasing
staff to reach out to ask him to stop smoking weed. I called 311@
to see if I should call
911 regarding the resident above me smoking weed on their patio. The 311 operators advised me
to call 911 because drugs were involved. I called the police at
The police arrived around
. I was on the patio when the police arrived and noticed they drove passed the entrance to
the apartment stairwell. I went downstairs to flag the police officers. I shared with the officers I
called 911. I showed the police officer a texted message I previously sent to the leasing office
earlier
regarding the same resident smoking weed on the patio. I talked with them about
the residents" loud noises, and they said that they couldn't do anything about the noise, but they
could talk with the resident about smoking weed. I told him that when I report the resident there is
always some kind of retaliation. They asked me to talk with the leasing office and said they can
let me out of the lease because of the problems I have been having with the residents and to record
the noise. The officers asked me what I'd hope to see happen. I asked if they could talk with the
resident about being considerate and to not smoke weed on the patio that would be helpful. The
officer said that he would do what he can and hope it helps. The officer asked if I wanted to talk
with them after they spoke with the residents, and I said yes. The officer said that if the resident in
apartment
had something worthy to say, they would come and talk with me- if not they would
just leave. The officers and I walked upstairs. I went to my apartment on the second floor and the
officers proceeded upstairs to the third floor to speak with the residents in apartment
I went
back on my patio, to move my plants and sweep the leaves up. Shortly thereafter both police
officers turned towards the front of my apartment after coming down the stairs. Both officers
immediately looked up towards the neighbors" and my front windows facing the parking lot. They
looked at me and said, "I hope this helps". I waved at them and said thanks and they left. Sometime
after the two police officers left, I received notifications from my ring device. I came across a ring
video of the two police officers. One of the officers was standing on the stairway between the
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NOTICE OF COMPLAINT
second and third floor. The other police officer was walking up and down the stairs between my
floor and the stairwell towards the other police officer. The police officer who was walking up and
down the stairs kept saying I was spying on the residents" and pointing at my ring camera. He
seemed convinced that I had been spying on the resident. There was also some talk about the police
call and apartment numbers. I was shocked that the officer would accuse me of spying on the
residents. The resident was smoking weed on the patio, there is no way I could see what the resident
was doing from my front door to the patio. I don"t know what the resident in Apt.
aid to the
officers that would cause them to say or think I was I spying on them. This ring device is for safety
only, I don't have time nor any interest in spying on anyone. When the police officers came
downstairs, both officers looked at the neighbors above me and my front windows facing the
parking lot, but I had no idea why they were looking at the windows. Their behavior was disturbing
because they looked at me and said "I hope this helps as if all was well" and left.
They didn't ask me any further questions about the ring device or about why they thought I was
spying on the resident or why they looked at the windows. I thought they talked with the guy and
the conversation went well. At this point I don't know if they ever spoke with the resident upstairs.
I feel that the officers were being deceitful, untrustworthy, and acted like all was well when their
conversation and actions said otherwise on the video. I was given written permission from the
leasing office to connect a security device to the outside of my apartment. Just having the device
on the door was a good enough deterrent for me. Previous incident with the resident. I called the
police about this resident before because he threatened me. One morning I was working from home
and sitting outside on the patio. My son was inside watching tv. The resident
in apartment
came outside, started playing his radio loudly and smoking weed on the patio. I called the
office to ask if they could contact the resident to ask if he could lower his radio and stop smoking
weed. The leasing agent placed me on hold and called the resident. The resident was on the patio
talking loud with the leasing agent asking why he had to turn down his music. He told the leasing
agent that I should go inside SO I don't hear the music. After the resident stopped yelling at the
leasing agent, the agent clicked back on the phone to talk with me. When the resident clicked over
to talk with me, he heard the resident
calling me a bitch and yelling at me over the patio. The
leasing agent asked if that was the resident yelling in the background and I said yes. The resident
then proceeded to tell his girlfriend that he likes giving me a hard time and started jumping up and
down on the patio. Then he threatened to come kick in my front door. His behavior was erratic,
irate and he was out of control. I called the police because I felt afraid because he threatened me.
After the police arrived and spoke with me, they went to go speak with the resident on the stairwell.
My son and I could hear the resident talking loudly to the police officers from the stairwell. The
resident-
talks extremely loudly. He told the police officer that he stomps around their
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apartment because he likes to give me a hard time. When the officer came to speak with me, he
asked me when my lease is up and he said the resident is going to give me hell until I moved. He
also said that the leasing office should do something about this. It's their responsibility to handle
this matter. I went to the office and gave them the compliant number and the pamphlet the officer
gave me to file a report. When I went to the office, the resident came into the office and started
talking loudly. He wanted to know why I worked from home, fussing, and asking the leasing agent
why he had to turn off his music. He then turned on his radio loudly to show staff how loud he was
playing his radio. The residents received two violations from the leasing office for his behavior.
After this incident, I connected my services with Ring. The resident
in apartment
smokes weed just about every day, his behavior is unpredictable, and I don't trust him. When I
spoke with the police officers
I shared a little bit of the conversation I had with the officers
who came out form the previous incident SO they would have some background information about
what I have been dealing with. I also shared with him what I experience on a daily basis. Every
day, all throughout the day when I'm not working, the residents are stomping throughout the
apartment, hitting sticks on their floor, making loud noises late at night or early in the morning to
wake me up, banging a bowling ball on the floor, slamming the bathroom drawers early in the
morning, etc. It's been difficult living here. It's hard to sleep at night because I don't know when
they are going to make a loud noise.
I am seeking to move as soon as possible. I called 911 at
shortly after I saw the ring video
regarding the officers. The last thing I need are police officers lying and accusing me of something
I didn't do. I have been experiencing enough hardship living here and their behavior didn't help
the situation at all. I feel that the officers were deceitful, misleading, and they came across as being
untrustworthy. They should have at least had a follow up conversation with me to get all the facts
before making false accusations. I am asking that the police report be reviewed and that you speak
with the officers about their behavior. I hope there is no retaliation from the officers because of
filing this compliant. To all the officers who do their best to serve everyone in the community with
integrity, I'm grateful. Thank you! If you have any questions would like to review the videos or
speak with me, feel free to give me a call at
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.