Queja formal: Pautas de reportes de empleados para los incidentes de todos niveles de fuerza, protocolos de búsqueda, y otras violaciones a políticas

OF
GIVE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0166
March 12, 2021
Complaint: Complainant alleges: While staying at the
at
I
was being harassed by the occupants in the hotel room above my room, and because I carried a
firearm, decided that before the situation got to far out of hand, that I should dial 911 to report the
incident, as well as get assistance in defusing the the situation. As I sat in my car, in the hotel
parking lot, awaiting the officer"s arrival, 5-10 mins later, an Austin Police Dept. vehicle pulled
up behind my vehicle, blocking me in. The first Officer approached the driver"s side, where I was
seated, and asked a number of questions, then finally asking me the reason for my call. I gave a
brief, but descriptive account of who I am, as well as, explaining my right shoulder injury I suffered
from my former, 22 yr career, which is why I am medically retired, as I went on to recounted the
reason for the call for assistance. As I was nearing the conclusion of my statement of facts, and
continued to sit in my vehicle, the second Officer arrived. The first Officer abruptly stated "Tell
him, what you just told me." as he headed towards the vehicle he arrived in. While the second
Officer listen to me recount my statement of facts, in the driver"s seat of my vehicle, he abruptly
asked about my firearm, when the first officer returned. I was asked where was the firearm at that
time and given instruction to exit the vehicle. I explained to them that the firearm was on the
passenger side front seat, as the second officer immediately went in that direction to observe it
through the window, then asking if I would unlock the door to examine it, as I complied with his
request. Moments later I see him walking towards his vehicle with my firearm, as he places it on
the hood of this vehicle. The two officers step away from me for a moment, and return saying they
are detaining me on an "psychosis involuntary 48 hr hold." As I am in total disbelief of what I"m
hearing, I sternly ask them what kind of credentials do they THINK they have that they can violate,
and infringe on my rights as a citizen of these United States, without cause? Separately they each
began saying they didn"t believe my account of what I previously stated. I then informed them that
just because they allege that they' 've never heard of anything like it before does not give them the
right or jurisdiction to detain me against my will, and WITHOUT CAUSE. Nor were they qualified
to may this diagnoses, when the third officer walked up. As the second officer stated "Yeah, but
he is!"pointing to the third officer. As the first officer says "That"s why he"s here!" pointing to the
third officer. As the third officer draws near where we are standing, I inquired to the three of them
to produce the third officer"s credentials to make this determination, when the second officer stated
"He"s a peace officer!" I immediately responded back "So am I!" "Now, What?!" "And that gives
NONE of you the right to make that determination, or restrict, or restrain me from my life!" As I
am uttering the final words of my statement to them, I can see that they are determined to follow
through with their plan, while they are slowly approaching me, as I am walking backwards to flee.
I, in what felt like a moment in the move "Roots", as they capture the African people on the beach,
they aggressively grabbed me by both arms, as I heard officer three state "Let"s just take her to the
ground!" After having watched the tramatic video of George Floyd, I am in total disbelief that this
is happening to me, and was not going to allow this take down to happen. As I struggled to free
myself from this nightmare of injustice, i am suddenly aware of the familiar, excruciating sharp,
neuro, pain in my neck, right shoulder and arm, from the injury I had informed them of at the start,
and comply with the three of them. I am suddenly aware of my covid-19 mask, about to fall to the
ground, possibly exposing me to the deadly virus, as I demanded that they adjust it immediately
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.
GIVE OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
to my face, as they continued to aggressively holding my arms, as they walked me back to their
vehicles. I also informed them of my right to have a female officer perform the clothed body
search, I know that is yet to come, as well as, an ambulance to the hospital for my re-injured neck,
and right arm. Later I am taken to St David hospital, for my injuries, and then escorted by a fifth
officer to Austin Oaks, where I was mislead to believe that I was just going there to get a doctor
to sign me out immediately. I was there from the
at approximately
hours,
to
exceeding the 48 hr hold, and unjustly against my will.
I received no paperwork from the Austin Police Dept for this horrendous abuse of power, under
the color of authority, false imprisonment, improper arrest, malicious prosecution, to identify two
of the three officers by name. The second officer"s name, I believe is
The first, and third
officers had their names covered, and refuse to tell me, when I inquired. Although my phone was
confiscated at Austin Oaks, I was still bruised when I got out on
0. I have photos of the
bruising i endured in the days that followed.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
Recommended Administrative Policies to Review (to include but not limited to):
211.4.1 EMPLOYEE REPORTING GUIDELINES FOR ALL FORCE LEVEL INCIDENTS
The following outlines the reporting guidelines for involved employees, employees that witness
an incident and employees designated to assist at the scene of any response to resistance incident.
(a) An incident report shall be completed by the primary reporting employee and include
title code 8400. This report shall be written regardless of whether a report or supplement
would normally be written for the initial incident.
(b) Supplements shall be completed by:
1. All other employees who are involved in a force incident.
2. Employees who witness a force incident.
3. Employees assisting at the scene of a force incident.
(c) The following information shall be included in each report and supplement:
6. Reports shall not contain "boilerplate" or "pat" language (e.g., "furtive
movement" or "fighting stance") without descriptive details of the action.
(d) All incident reports and supplements shall be completed separately and without
discussing the details of the incident with other personnel. "Group reporting" is
prohibited. Debriefing after an incident and/or the necessary discussions to further the
training requirements of officers enrolled in the Field Training Program (FTP) are
allowed.
306.3.1 SEARCH PROTOCOL
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
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
Nothing in this order supersedes officer safety tactics.
(a) Officers will conduct person searches with dignity and courtesy.
(e) When safety permits:
1. Officers should explain to the person being searched the reason for the search
and how the search will be conducted.
2. When practical, an officer of the same gender should be called to the scene
when officers believe the subject is concealing items in a sensitive area, such as,
evidence or narcotics in the groin, buttocks, or breast areas. This does not apply to
items that pose an immediate threat to officer safety.
3. If a subject requests a search by an officer of the same gender, an attempt
should be made to have a same gender officer conduct the search.
445.4.2 PEACE OFFICER EMERGENCY DETENTION
(a) The authority to apprehend a person by using the Peace Officer's Emergency
Detention (POED) is granted under the Tex. Health and Safety Code § 573.001. This type
of custody is protective rather than criminal in nature and does not constitute an arrest. A
POED may be used when:
1. The officer has reason to believe, and does believe, that the person is mentally
ill; and
2. Because of that mental illness there is a substantial risk of serious harm to the
person or to others unless the person is immediately restrained; and
3. The officer believes that there is not sufficient time to obtain a warrant before
taking the person into custody.
(b) An employee encountering a person who needs to be assessed for a possible POED
shall contact an on-duty CIT officer.
1. The responding CIT officer shall be responsible for:
(a) Conducting an assessment to determine whether the person should be handled
as an Emergency Detention;
(b) Providing transportation to the appropriate mental health facility or furnishing
referral information;
1. The CIT officer may transport the Emergency Detention or have a non
CIT officer transport the Emergency Detention after completing all
paperwork and advising where the subject is to be taken.
(c) Preparing all required documentation.
445.5 MENTALLY ILL PERSONS REQUIRING MEDICAL ATTENTION
Officers shall call EMS to treat and/or transport the person to a medical facility when a mentally
ill person needs medical attention.
(a) If the subject is transported, a Mental Health Transport Form shall be completed and
given to EMS personnel.
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
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive a B classification.
UNDED
1839
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.